BERKELEY COUNTY PLANNING COMMISSION
400 West Stephen Street - Suite 203, Martinsburg, WV 25401-3838
Telephone: 304/264-1963, Fax: 304/262-3127
Web Page: www.berkeleycountycomm.org
Changes to Proposed Subdivision Ordinance of April 2009 by the Berkeley County
Commissioners
Deletions from the Ordinance
ARTICLE 2-These definitions not used in the Ordinance
1.
2.
3.
4.
5.
6.
7.
Clear Zone
Excavating
Group Residential Facility
Loop Road
Pedestrian Scale
Sandwich Board
Stop Work Order
ARTICLE 3
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Removed “Minor Requirements” throughout the Ordinance
Page 3-6, Section 304.3 C. Removed the words “impact on local roads” from sentence.
Page 3-12, Section 306.2.c.f. The last sentence was removed.
Page 4-6, Section 402.2.15. #15 removed and #16 was made #15.
Page 4-15, Section 402.4a.4. The eight hour pump test was removed.
Page 4-28, Section 402.5.7.1. #1 was removed.
Page 5-4, Section 504.a. Last sentence was removed.
Page 7-8, Section 712. Tot Lot Requirements removed.
Page 8-10, Section 801.1.11. #11, Drainage Section Removed.
Page 8-11, Section 801.1.18 (Now #17), Last sentence removed.
ALL OTHER CHANGES ARE HIGHLIGHTED THROUGHOUT THE ORDINANCE IN BOLD
Berkeley County
Subdivision Ordinance
Draft Ordinance with
County Commission
Approved Changes, April
2009
Table of Contents
Table of Contents
Article 1 – Short Title, Authority, Purpose, and Jurisdiction.................................. 1-1
Section 101
Section 102
Section 103
Section 104
Section 105
Section 106
Section 107
Section 108
Section 109
Section 110
Title .............................................................................................. 1-1
Short Title..................................................................................... 1-1
Legislative Authority ..................................................................... 1-1
Statement of Legislative Intent ..................................................... 1-1
Statement of Purpose .................................................................. 1-1
Jurisdiction ................................................................................... 1-2
Interpretation ................................................................................ 1-2
Repeal of Conflicting Ordinances................................................. 1-3
Severability................................................................................... 1-3
Subdivision of Record .................................................................. 1-3
Article 2 – Definitions................................................................................................. 2-1
Section 201 Definitions .................................................................................... 2-1
Article 3 – Processing Procedures ........................................................................... 3-1
Section 301
Section 302
Section 303
Section 304
Section 305
Section 306
General ........................................................................................ 3-1
Procedure, Minor Subdivision Plans ............................................ 3-2
Procedure, Major Subdivision Plans ............................................ 3-3
Sketch Plan Review and Comment.............................................. 3-3
Preliminary Plan Review and Advancement................................. 3-5
Final Plan Review and Approval .................................................. 3-9
Article 4 – Plan Requirements................................................................................... 4-1
Section 401 Sketch Plat ................................................................................... 4-1
Section 402 Preliminary Plat ............................................................................ 4-4
Section 403 Final Plat .................................................................................... 4-32
Article 5 – Design Standards..................................................................................... 5-1
Section 501
Section 502
Section 503
Section 504
Section 505
Section 506
Section 507
General ........................................................................................ 5-1
Streets, Roads and Parking Facilities .......................................... 5-2
Building Setback Lines ................................................................. 5-3
Lots .............................................................................................. 5-4
Restrictive Easements ................................................................. 5-9
Grading and Drainage................................................................ 5-10
Erosion and Sediment Control ................................................... 5-12
Article 6 – Improvements Guarantees ...................................................................... 6-1
Section 601 General ........................................................................................ 6-1
Section 602 Guarantee for Installation of Improvements ................................. 6-1
Section 603 Subdivision Fees.......................................................................... 6-3
Article 7 – Required Improvements .......................................................................... 7-1
Table of Contents
Section 701
Section 702
Section 703
Section 704
Section 705
Section 706
Section 707
Section 708
Section 709
Section 710
Section 711
Section 712
Section 713
Section 714
General ........................................................................................ 7-1
Monuments and Markers ............................................................. 7-1
Street Signs and Traffic Control Devices ..................................... 7-2
Street Improvements.................................................................... 7-2
Sidewalks ..................................................................................... 7-3
Curbs ........................................................................................... 7-4
Culverts........................................................................................ 7-4
Water Supply Improvements ........................................................ 7-5
Sanitary Sewer Improvements ..................................................... 7-5
Drainage Improvements............................................................... 7-6
Storm Sewer and Storm Water Drainage..................................... 7-6
Community Open Spaces and Provisions of Recreational Amenities7-7
Off Site Extensions....................................................................... 7-9
Provisions for Maintenance and Operation .................................. 7-9
Article 8 – Off-Street Parking, Buffering and Screening ......................................... 8-1
Section 801 Off-Street Parking ........................................................................ 8-1
Section 802 Minimum Buffer and Screening Requirements........................... 8-14
Article 9 –Planned Unit Developments..................................................................... 9-1
Section 9.01
Section 9.02
Section 9.03
Section 9.04
General Provisions....................................................................... 9-1
Requirements............................................................................... 9-1
Review and Approval ................................................................... 9-2
Content and Format of Application............................................... 9-3
Article 10 – Factory Built Home Community.......................................................... 10-1
Section 1001 General ...................................................................................... 10-1
Section 1002 Design Standards....................................................................... 10-1
Section 1003 Factory Built Home Pad ............................................................. 10-2
Section 1004 Streets ....................................................................................... 10-2
Section 1005 Off-Street Parking ...................................................................... 10-2
Section 1006 Water and Sewage..................................................................... 10-2
Section 1007 Utilities ....................................................................................... 10-2
Section 1008 Buffer-strips, Screening and Landscaping ................................. 10-3
Section 1009 Accessory Structures ................................................................. 10-3
Section 1010 Solid Waste Disposal ................................................................. 10-3
Article 11 – Recreational Parks & Campgrounds .................................................. 11-1
Section 1101 Design Standards....................................................................... 11-1
Section 1102 Streets and Parking.................................................................... 11-1
Section 1103 Water and Sewer ....................................................................... 11-1
Section 1104 Utilities ....................................................................................... 11-2
Section 1105 Buffer-strips, Screening and Landscaping ................................. 11-2
Table of Contents
Section 1106 Solid Waste Disposal ................................................................. 11-2
Section 1107 Open Space ............................................................................... 11-2
Article 12 – Administration and Amendments.…………………………………….... 121
Section 1201 Administration ............................................................................ 12-1
Section 1202 Application Fees......................................................................... 12-1
Section 1203 Waivers ...................................................................................... 12-2
Section 1204 Conditional Waivers ................................................................... 12-3
Section 1205 Request for Reconsideration...................................................... 12-3
Section 1206 Appeal........................................................................................ 12-3
Section 1207 Planning Commission Records .................................................. 12-3
Section 1208 Remedies and Jurisdiction ......................................................... 12-4
Section 1209 Amendments .............................................................................. 12-5
Appendices
Appendix A - The Manual of Street Standards
Appendix B - Developers Agreement
Appendix C – Environmental Impact Checklist
Appendix D- Salvage Yard Ordinance
Appendix E- Airport Ordinance
Appendix F- Floodplain Ordinance
Appendix G- Schedule of Fees
Article 1 – Title, Authority and Purpose
Article 1 – Title, Authority and Purpose
ARTICLE 1 – TITLE, AUTHORITY AND PURPOSE
Section 101. Title
An Ordinance establishing rules, regulations, and standards governing the subdivision
and development of land requiring the recordation of a plat or plan in accordance with
Chapter 39, Article 1, Section 13, of West Virginia Code, 1931, as amended;
establishing rules, regulations and standards governing the development of land
requiring the issuance of a building permit in accordance with Chapter 8A, Article 4,
Section 2 (14), of West Virginia Code, 2004, as amended; setting forth the procedures
to be followed in administering these rules, regulations, and standards; and setting forth
the penalties for the violation thereof.
Section 102. Short Title
This Ordinance shall be known as and may be cited as “The Berkeley County
Subdivision Ordinance”.
Section 103. Legislative Authority
These subdivision regulations are established in accordance with Chapter 8A, Article 5,
of West Virginia Code, 2004, as amended.
Section 104. Statement of Legislative Intent
It is the object of Article 5, Chapter 8A, of West Virginia Code, to encourage local units
of government to improve the present health, safety, convenience and welfare of their
citizens, and to plan for the future development of their communities to the end that
highway systems be carefully planned; that new communities grow only with adequate
highway, utility, health, educational and recreational facilities; that the needs of
agriculture, industry, and business be recognized in future growth; that residential areas
provide healthy surroundings for family life; and that the growth of the community is both
commensurate with, and promotes the efficient and economical use of public funds and
resources.
Section 105. Statement of Purpose
These subdivision regulations are adopted by the County Commission of Berkeley
County, West Virginia, for the following purposes:
1.
To govern land development according to the Goals, Policies and
Recommendations stated in the Berkeley County Comprehensive Development
Plan;
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Article 1 – Title, Authority and Purpose
2.
To assist orderly and efficient land development;
3.
To provide for the coordination of existing streets and public utilities with new
streets and utilities;
4.
To provide for efficient and orderly extension of community services and facilities
at minimum cost and maximum convenience;
5.
To ensure that proper provisions are made for drainage, water supply, sewage,
and other needed improvements;
6.
To promote the health and safety of the residents of Berkeley County; and
7.
To ensure equitable processing of all subdivision plats and land development
plans by providing uniform procedures and standards for observance by both
Subdividers/Developers and the Berkeley County Planning Commission.
Section 106. Jurisdiction
The provisions of this Ordinance shall apply to all lands within Berkeley County, West
Virginia, except for lands that are within incorporated areas.
Section 107. Interpretation
The provisions of this Ordinance shall be held to be the minimum requirements to meet
the objectives presented in Chapter 8A, of West Virginia Code, as well as the purposes
outlined above. In the interpretation and application of the provisions of this Ordinance,
said provisions shall be deemed to be the minimum requirements necessary for the
promotion and protection of public health, safety and welfare. Where the provisions of
this Ordinance and all implementing standards and specifications which are more
restrictive than those of any other County Ordinance or any regulation or any applicable
land development agreement, the provisions of this Ordinance and its standards and
specifications shall be controlling. Where the provisions of any state statute, regulation,
other County Ordinance or applicable land development agreement impose greater
restrictions upon land development than this Ordinance, the provisions of such statute,
regulation, other Ordinance, or applicable land development agreement shall be
controlling.
All subjective decisions required by this Ordinance shall be made by majority vote of
Planning Commission members present at a public meeting in consideration of the
advice along with the recommendation of the Planning Commission Staff and/or County
Engineer and all evidence presented at the public meeting.
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Article 1 – Title, Authority and Purpose
Section 108. Repeal of Conflicting Ordinances
All Ordinances or parts of Ordinances in conflict with this Ordinance, or inconsistent with
the provisions of this Ordinance, are hereby repealed to the extent necessary to give
this Ordinance full force and effect.
Section 109. Severability
1.
If a court of competent jurisdiction declares any provisions of this Ordinance to
be invalid or ineffective in whole or in part, the effect of such decision shall be
limited to those provisions which are expressly stated in the decision to be invalid
or ineffective, and all other provisions of this Ordinance shall continue to be
separately and fully effective.
Section 110. Subdivision of Record
Any plat of a subdivision on record in the Office of the Clerk of the County
Commission of Berkeley County prior to the effective date and time of this
Ordinance shall be recognized as a legal subdivision, provided that it meets all
legal requirements that were in place at the time the subdivision was created and
recorded. However, the re-platting of a prior recorded plat or any material
changes on the prior recorded plat shall be subject to this Ordinance. The prior
recording of a plat of a portion of a larger tract shall not exempt from the
provisions of this Ordinance the balance of the tract remaining unplatted.
Any project that has submitted a Sketch Plan to the Planning Department and
has submitted all or part of their Preliminary Plan, and said Preliminary Plan is
going through the review process, as of the effective date of the revised Berkeley
County Subdivision Regulations may proceed under the terms of the Subdivision
Regulations which were adopted by the County Commissioners on November
20, 2003, and effective as of January 1, 2004, and all subsequent amendments
thereto which are effective as of the date upon which the development proposal
is submitted for review. This decision is left to the discretion of the applicant.
If there are areas of a parcel proposed for development which are identified only
as “future phases”, wherein proposed lot sizes and layouts, as well as road
systems, utility provisions, etc. are not specified, these areas shall not be eligible
for Planning Commission review and approval under the design standards and all
other guidelines contained in the 2003 Berkeley County Subdivision Regulations
and subsequent amendments thereto.
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Article 1 – Title, Authority and Purpose
Rather, these future sections must comply with design standards and all other
guidelines specified in the 2008 Adopted Berkeley County Subdivision
Regulations and all amendments thereto which are effective as of the date upon
which the development proposal is submitted to the Planning Department for
consideration.
Development proposals that were processed under the 2003 Berkeley County
Subdivision Regulations as described above, must receive Preliminary Plat
recommendation for advancement for all phases shown on the Sketch Plan
within one (1) calendar year from the effective date of the 2008 Adopted
regulations in order to be processed under the 2003 Berkeley County Subdivision
Regulations. If all phases shown on the Sketch Plan have not been submitted
for Preliminary Plan review and/or advanced to Final Plan with one (1) calendar
year, the remaining portions of said Sketch Plan shall be reviewed under the
terms of the 2008 Adopted Berkeley County Subdivision Regulations.
Projects which do not require Planning Commission review and approval, such
as minor subdivisions and family transfers which have been submitted for review
prior to the effective date of the 2008 Adopted Berkeley County Subdivision
Regulations may be processed either under 2003 Subdivision Regulations or
under the 2008 Revised Subdivision Regulations. This decision is left to the
discretion of the applicant.
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Article 2 - Definitions
Article 2 – Definitions
ARTICLE 2 – DEFINITIONS
Section 201. Definitions
Interpretation of Terms or Words: Words in these regulations are used in their
ordinary English usage. Certain terms or words used herein shall be interpreted and
defined as follows and wherever used in these regulations shall have the meaning
indicated in this section.
The word “shall” is to be interpreted as mandatory and shall be complied with unless
modified; “may” and “should” are to be interpreted as having permission or being
allowed to carry out a provision.
All words used in the singular shall include the plural, and all words used in the
present tense shall include the future tense, unless the context clearly indicates the
contrary. All masculine pronouns are interpreted to be gender neutral.
Addition/Mergers: The addition of land to an existing parcel of record from an
adjoining parcel or the combining of two (2) or more existing parcels of land to
increase the lot area.
Agent: Any person, authorized by another to act for him or her.
Agricultural land management activities: The cultivation of plant crops or the raising
of livestock, including but not limited to forage, grain and field crops, pasturage, dairy
and dairy products; poultry and poultry products; equestrian uses, including the
boarding of horses; sale of crops; livestock and fowl uses and products; bees and
apiary products; fruits and vegetables of all kinds; nursery, floral and greenhouse
products; aquaculture; a winery; stand alone, non-retail micro-brewery; grain mill;
and the primary processing and storage of any agricultural product.
Agricultural Purpose: The art or science of cultivating the ground and the production
of plants and animals useful to man or beast and including gardening or horticulture,
fruit growing, storage and marketing.
Alley: A public way which is a narrow passage, usually smaller than a street, and
which is not designed for general travel but is used primarily as a means of access
to the rear of residences and business establishments and which generally affords
only a secondary means of access to an abutting property along its length.
Applicant: Any person who submits to the Planning Commission a Minor or Major
Land Development Plan for the purpose of obtaining approval thereof.
Application, formal: An application is formal at such time as the Planning
Commission is assured that all plats, plans, and attendant documents are in proper
form, content and number required in accordance with these regulations. Such
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Article 2 – Definitions
application shall be considered a formal application unless the applicant is advised
in writing within seven (7) days of any submission that such documents are not in
proper form, content, or number.
Area, gross: All area within a Land Development Plat, including those areas
intended for residential, commercial or industrial use. Gross area shall also include
severe slopes, streets and alleys, off-street parking spaces and recreational sites.
Areas dedicated to county schools or highways shall be excluded from the gross
area calculation.
Average Daily Trip (ADT): Residential ADT, seven (7) trips per day per unit.
Commercial ADT must do a traffic study of comparable existing sites within the
county. Should no comparable exist, ADT may be calculated on the basis of the
current edition of the Trip Generation Manual published by the Institute of
Transportation Engineers (I.T.E.).
Base Flood (100-year Flood): A flood having a one (1) percent chance of being
equaled to or exceeded in any given year, based on the Federal Emergency
Management Agency (FEMA), Flood Insurance Rate Maps (FIRMS), or by
engineering study.
Block: A piece or parcel of land entirely surrounded by streets or highways, railroad
rights-of-way, parks, streams or other bodies of water, severe slopes, cemeteries
and corporate boundary lines of a city, or a combination thereof as defined in
Section 503.1 of this Ordinance.
Bond: A written instrument with a clause binding an Applicant to pay a certain
penalty (or a portion thereof) to the County Commission; conditioned, however, with
a statement that the payment of the penalty or portion thereof may be avoided upon
satisfactory construction and completion of improvements required within a Land
Development Plan. A bond is secured by a surety, by cash in escrow, or by letter of
credit which is satisfactory to the Planning Commission.
Bridge: A structure that allows people or vehicles to cross an obstacle such as a
river, road, canal or railway.
Building: A structure which is designated and suitable for the habitation or shelter of
human beings or animals, or the shelter or storage of property, or for the use and
occupation for some purpose of trade or manufacture.
Building Line: (See Setback Line)
Campground: Any area, place, parcel or tract of land on which two (2) or more
campsites or spaces are offered to the public for payment, occupied or intended for
occupancy by camping units for temporary periods, but not for permanent residential
use. A campground shall include, but not be limited to, any travel trailer camp,
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Article 2 – Definitions
recreational camp, church camp or family campground. A campground is so defined
whether or not campsite and facilities are granted free of charge, by rental fee, or by
lease.
Camping unit: Any device or vehicular-type structure used for the purpose of
temporary living or shelter during periods of recreation, vacation, leisure time or
travel. A camping unit shall include a tent, tent-trailer, travel trailer, pick-up camper,
motor home or a recreational vehicle or mobile home.
Campsite: A designated site or plat of ground within a campground that is used or
intended for occupation by a camping unit.
Cartway: See Roadway
Cemetery: A parcel of land used solely as a burial ground.
Certification of Compliance: See NPDES Permit.
Clearing: The cutting and/or removing trees or vegetation other than grass by any
means.
Clear Sight Triangle: An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection of the
center lines of streets.
Clerk of the County Commission: The Clerk of the County Commission of Berkeley
County, West Virginia.
Commercial Development: Any wholesale, retail, or service business established to
carry on a trade for profit or non-profit organizations including places of worship.
Common area: Property held in common by mutual ownership or by an association
of property owners within a development or held in corporate ownership for the
benefit of each owner within a development. Such property is privately held and not
intended for public use.
Common Interest Community: Ownership characterized by mutual ownership of
common areas, either jointly or through membership in an association. (i.e. single
family, condominiums, planned unit developments, and townhomes)
Community Facilities: Existing, planned or proposed parks, playgrounds, schools
and other public lands and buildings of the County.
Community Well: A well or wells created to serve a proposed development. A
community well is subject to the jurisdiction of the WV Public Service Commission as
set forth in WV Code Article 16-1-1 et. seq. and 31-1-1 et. seq.
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Article 2 – Definitions
Comprehensive Plan: The plan for the development of the area within the
jurisdiction of the Berkeley County Planning Commission, adopted by the Planning
Commission and the County Commission, including amendments thereto.
Conditional Approval:
development.
The approval, with conditions, of a plan for a land
Condominium: Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the occupants,
together with individual ownership in fee of a particular unit or apartment in such
building or on such parcel of land and may include dwellings, offices and other types
of space in commercial buildings or on property.
Conservation Easement: As defined by West Virginia Code Section 3, Article 12,
Chapter 20, a conservation easement is a non-possessory interest of a holder in real
property, whether appurtenant or in gross, imposing limitations or affirmative
obligations for purposes which may include, but are not limited to, retaining or
protecting the natural, scenic or open space values of real property; assuring its
availability for agricultural, forest, recreational, or open space use; or protecting its
natural resources or wildlife. In addition, the conservation easement must be held or
co-held by at least one “holder” as defined in West Virginia Code Section 3, Article
12, Chapter 20 and must be perpetual in duration.
Construction Bond: See Bond
County: Berkeley County, West Virginia.
County Commission: The County Commission of Berkeley County, West Virginia.
County Engineer: The engineer carrying out the duties and responsibilities under
the Berkeley County Subdivision Regulations, including the County Engineer,
engineering staff of the County Engineer, or engineering staff of the Planning
Commission.
Covenant: An agreement, restriction, or condition placed on a parcel of land which
remains attached to the land and which entitles successive land owners to its
benefits and/or obligations.
Day:
A calendar day, which is denoted as a 24 hour day on a calendar.
Dedication: The deliberate setting aside and appropriation of land by its owner for
any general or public uses, reserving to himself no other rights than such that are
compatible with the full exercise and enjoyment of the public uses to which the
property has been devoted.
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Article 2 – Definitions
Department of Health:
Resources.
West Virginia State Department of Health and Human
Developer: Any individual, firm, association, syndicate, partnership, corporation,
trust or any other legal entity or agent thereof proceeding under this Ordinance to
effect a Land Development for himself or another. The term Developer is intended
to include the term Subdivider and is frequently referred to as the Applicant.
Drainage: Any ditch, gutter, pipe, culvert, storm water management facility, storm
sewer or other structure designed, intended, or constructed for the purpose of
diverting diffused waters from or carrying surface waters off streets, public rights-ofway, parks, lots, recreational areas, or any part of any Land Development or
contiguous land areas.
Drainage Plan: A plan showing the proposed and existing drainage conditions as
described by grades, contours and topography with proposed methods and facilities
to collect, control and convey said drainage.
Driveway: A minor vehicular access providing ingress/egress between a street and
parking area or garage within a lot or property.
Duplex: One (1) of two (2) buildings, arranged or designed as dwellings, located on
abutting walls without openings and with each building having a separate lot.
Dwelling: Any building which contains one (1) or more "Dwelling Units" used,
intended, or designed to be built, used, rented, leased, let or hired out to be
occupied, or which are occupied for living purposes.
Dwelling Unit: Living quarters consisting of one (1) or more rooms arranged for the
use of one (1) or more individuals living as an independent housekeeping unit, with
cooking, living, sleeping and sanitary facilities
Easement, Right-of-way or Restrictive: A right and privilege a person has to use the
lands of another for a specific purpose which is distinct and separate from the
ownership of the soil itself.
Erosion: The wearing away of topsoil and surface materials by the action of natural
elements or by conditions imposed by human activities such as cutting, clearing or
grading.
Factory Built Homes: Many types of structures are built in the factory and designed
for long-term residential use. In the case of manufactured and modular homes, units
are built in a factory, transported to the site and installed. In panelized and pre-cut
homes, essentially flat subassemblies (factory-built panels or factory-cut building
materials) are transported to the site and assembled. The different types of factory built housing can be summarized as follows:
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Article 2 – Definitions
Manufactured Homes: See Manufactured Home.
Modular Homes: These factory-built homes are built to the state, local or
regional code where the home will be located. Modules are transported to the
site and installed.
Panelized Homes: These are factory-built homes in which panels - a whole
wall with windows, doors, wiring and outside siding - is transported to the site
and assembled. The homes must meet state or local building codes where
they are sited.
Pre-Cut Homes: This is the name for factory-built housing in which building
materials are factory-cut to design specifications, transported to the site and
assembled. Pre-cut homes include kit, log and dome homes. These homes
must meet local, state or regional building codes.
Mobile Homes: This is the term used for manufactured homes produced prior
to June 15, 1976, when the HUD Code went into effect.
Factory Built/Manufactured Home Rental Community: A parcel of land under single
or common ownership upon which three (3) or more factory-built homes are located
on a continual, non-recreational basis together with any structure, equipment, road
or facility intended for use incidental to the occupancy of the factory-built homes, but
does not include premises used solely for storage or display of uninhabited factorybuilt homes, or premises occupied solely by a landowner and members of his family.
Factory Built Home Stand: That part of a factory built home which has been
reserved for the placement of the factory built home, appurtenant structures or
additions.
Family, Immediate: An immediate family shall include; grandparents, parents,
husband, wife, children (natural or adopted), grandchildren and siblings.
Family Transfer: The subdivision of land solely for transfer to a member or members
of the immediate family of the owner of the lot of record. Access to the family
transfer lot shall be from a WV Department of Highway road, or from a created
fifty-foot (50’) right-of-way, and the lot shall be over two (2) acres in size. A
maximum of one (1) lot per family member, per parcel, is allowed and lots shall not
be further subdivided without going through the Major Subdivision process. Lots
shall be held by the family member for a period of five (5) years. Any out sales
from the parcel in which the fifty-foot (50’) right-of-way is created shall be
upgraded as required in Appendix A, Manual of Street Standards.
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Article 2 – Definitions
Floodplain: Any land area susceptible to being inundated by water from any source.
A general and temporary condition of partial or complete inundation of normally dry
land areas from: (1) the overflow of inland or tidal waters, (2) the unusual and rapid
accumulation or runoff of surface waters from any source.
Frontage: The horizontal or curvilinear distance measured along the street right-ofway line upon which a lot abuts.
Grading: Any act by which soil is cleared, stripped, stock piled, excavated, scarified,
filled or any combination thereof.
Gross Density: Total number of dwelling units divided by the gross area of a
property in a Land Development Plan.
Group Home: See group residential facility.
Groundwater Protection Plan (GPP): A mandatory document required by the West
Virginia Department of Environmental Protection (WVDEP) Groundwater Program
for the operation and maintenance of all permanent stormwater management
structures.
Guest Residence: A single-family residence, in addition to the primary, residence
under common ownership and on the same lot with the primary residence and
having approval from all appropriate agencies.
Habitable Square Footage: The sum of the floor areas of a dwelling unit as
measured to the outside surfaces of exterior walls and including all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets,
hallways, stairways, but not including cellars or attics, or service rooms or areas, such
as utility rooms, nor unheated areas such as enclosed porches.
Hammerhead Turnaround: A "T" shaped three-point turnaround space.
Holder: As defined by West Virginia Code Section 3, Article 12, Chapter 20, a
holder is
1. a governmental body empowered to hold an interest in real estate; or
2. a charitable corporation, association or trust exempt from taxation pursuant to
Section 501(c) of the Internal Revenue Code, the purposes or powers of
which include protecting the natural, scenic, agricultural or open space values
of real property; assuring its availability for agricultural, forest, recreational or
open space use, or protecting its natural resources or wildlife.
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Article 2 – Definitions
Hydrogeologic Testing: an evaluation of groundwater quantity and quality and the
potential effects that a proposed land development may have on water resources.
The evaluation is based on both on-site hydrogeologic testing and existing
background information.
Improvements: Any additions to the natural state of the land which increase its
value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water
mains, sanitary and storm sewers, landscaping and other appropriate facilities or
plantings.
Impervious Surface: A surface that does not absorb water, transmit or allow water to
percolate through it.
Incorporated Areas: Areas within Berkeley County that are governed by municipal
corporations under Chapter 8 of the West Virginia Code.
Industrial Development: Any development of a use which would include but not be
limited to any manufacturing process, material processing, warehousing, research
and testing laboratories, product distribution centers, woodworking shops, furniture
assembly, machine shops, recycling centers and uses of a similar nature.
Karst: A type of topography that forms as the result of solutional weathering of
limestone, dolostone, and/or gypsum. Karst is characterized by soils of highly
variable thickness, bedrock exposures, caves, sinkholes, sinking streams, large
springs and rapid groundwater movement.
Land Development: The development of one (1) or more lots, tracts or parcels of
land by any means and for any purpose, but does not include easements, rights-ofway or construction of private roads for extraction, harvesting or transporting of
natural resources, or areas where the disturbance is less than five thousand (5,000)
square feet.
Location Map: A drawing at a reduced scale which shows legibly, by dimension
and/or other means, enough area beyond the bounds of the proposed land
development to locate and orient the land development in Berkeley County and the
relationship of the site to the community facilities which serve or influence the
property.
Lot: A portion of a subdivision or other parcel of land legally described or delineated
as a unit.
Lot Area: The area of a lot bounded by the front, side and rear lot lines, excluding
any area within a street right-of-way, future street right-of-way or floodplain, but
including the area of any easement.
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Berkeley County, West Virginia
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Article 2 – Definitions
Lot, Corner: A lot at the junction of streets abutting on two (2) or more of these
intersecting streets. The interior angle at the intersection must be less than 135
degrees to be designated a corner lot.
Lot Depth: The average distance from the street line to the rear lot line or, in the
case of a triangular lot, the intersection of two (2) side lot lines.
Lot, Double Frontage: A lot whose front and rear property lines abut on streets.
Lot Line: A line dividing one (1) lot from another or from a street or other public
place.
Lot, Residual: The remaining portion of the parent tract of the subdivided land.
Lot Triangular: A lot having three (3) lot lines, but which does not qualify as a corner
lot.
Lot Width: The horizontal distance between the side lines of a lot measured at right
angles to its depth at the minimum required building setback line.
Lot Width, Minimum: The required minimum lot width at the front building setback
line.
Manufactured Home: Manufactured home means a structure, transportable in one
or more sections, which in the traveling mode is eight (8) body feet (2438 body mm)
or more in width or forty (40) body feet (14,192 body mm) or more in length, or,
when erected on site, is three hundred and twenty (320) or more square feet (sq.
ft.), and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required
utilities and includes the plumbing, heating, air-conditioning and electrical systems
contained therein; except that such term shall include any structure which meets all
the requirements of this paragraph except the size requirements and with respect to
which the manufacturer voluntarily files a certification required by the secretary
(HUD) and complies with the standards established under this title. For mobile
homes built prior to June 15, 1976, a label certifying compliance to the Standard for
Mobile Homes, NfiPA 501, in effect at the time of manufacture is required. For the
purpose of these provisions, a mobile home shall be considered a manufactured
home.
Metes and Bounds: A method of describing the boundaries of land by courses and
distances.
Monument: A stone or concrete marker placed in the ground for the purpose of
delineating the survey of a subdivision, the boundaries of a political subdivision, or to
facilitate a geographic information system.
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Berkeley County, West Virginia
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Article 2 – Definitions
Multi-Family Dwelling: A building designed, occupied or used by three (3) or more
families living independently of each other, wherein each dwelling unit or apartment
shall contain private bath and kitchen facilities; including apartment houses.
NPDES Permit: The National Pollutant Discharge Elimination System Permit, part of
the Federal Clean Water Act, 33 U.S.C. ' 1251, et seq. and West Virginia Code
Chapter 22, Articles 11 and 12. This permit is normally administered by the state
environmental agency, in this case, the West Virginia Department of Environmental
Protection and is required when land disturbance from grading, excavating or
construction exceeds the acreage specified under state law.
Official Submission Date: the date upon which an applicant submits a
subdivision/land development final plan.
Open Space: Property used in order to preserve natural features or scenic qualities,
or as developed for recreational use. Such property may be held privately
accruing to the benefit of the property owner(s); or may be held by the County or
agency of the County for public use such as parks or other passive/active recreation
areas. Property subject to a conservation easement held by the Berkeley County
Farmland Protection Board shall be considered privately held open space unless a
fee simple interest in the property has been acquired or donated to such Board.
Owner: Any individual, firm, association, syndicate, partnership, corporation, trust or
other legal entity having sufficient proprietary interest in the land sought to be
subdivided or developed to commence and to maintain proceedings to subdivide or
develop the same under these regulations.
Parcel: A piece of land which can be owned, sold, and developed. Parcels have
legal descriptions which not only describe their boundaries but also contain
information concerning rights and interests.
Panhandle lots: A lot set behind a row of lots along a roadway with access to the
roadway via a narrow access strip which is included as part of the lot, giving the lot
the appearance of a “panhandle”, or “flagpole”.
Person: Any individual, firm, association, syndicate, partnership, corporation, trust,
or other legal entity recognized by law as subject to rights and duties set forth in the
Berkeley Subdivision Development Regulations.
Plan: A description for the development of land containing written and graphical
information.
Planned Unit Development: A planned unit development for purposes of this
Ordinance shall be defined as a mixed use community which utilizes four (4) or more
of the following land uses:
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Berkeley County, West Virginia
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Article 2 – Definitions
1.
2.
3.
4.
5.
Single-family detached housing
Single-family attached housing
Multi-family housing
Commercial
Recreational amenities such as golf courses, swimming pools, tennis
courts, or other major recreational facilities, exclusive of small
neighborhood play areas.
Planning Commission: The Planning Commission of Berkeley County, West Virginia.
Plat: The map, drawing, or chart on which the developer’s plan or layout of a land
development is shown, indicating the location and boundaries of individual
properties and which is submitted to the Planning Commission for approval as part
of a land development plan.
Plat, Final: The final map, drawing, or chart, based upon the advancement
Preliminary Plan, in which the developer’s plan is submitted to the Planning
Commission for final approval and which, if approved, shall be recorded in the Office
of the Clerk of the County Commission in accordance with Chapter 39, Article 1,
Section 13, of West Virginia Code, 1931, as amended.
Plat, Preliminary: The preliminary map, drawing, or chart, on which the layout and
design of a proposed land development, is shown and which is submitted to the
Planning Commission for consideration and advancement as part of a preliminary
plan.
Plat, Sketch: An initial map, drawing, or chart indicating existing features of a parcel
or tract of land and its surroundings and the general layout of the proposed land
development in sufficient detail to allow discussion and comment at a public hearing,
but not be presented for final or binding approval.
Private Recreational Facilities: Existing, planned or proposed parks, playgrounds, or
other passive/active recreational areas or facilities operated by a person for use by
either the general public or private individuals, on either a profit or non-profit basis
Public Recreational Facilities: Existing, planned or proposed parks, playgrounds
and other public lands and buildings of the County or land or improvements intended
for ownership and use in common by members of the homeowners association of a
given residential subdivision development.
Public Sewer: a physical, water-carried system of pipes, pumps and tankage
designed to collect, convey and/or treat human waste from twenty-five (25) or more
dwelling units or service of fewer than twenty-five (25) lots as approved by the
BCPSSD.
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Berkeley County, West Virginia
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Article 2 – Definitions
Public Water: Any water system, which regularly supplies or offers to supply piped
water to fifteen (15) or more service connections, or service of fewer than fifteen
(15) lots or less as approved by the BCPSSD. A single private well, supplying two
or fewer dwelling units, is not considered public water for the purpose of this
Ordinance.
Quadruplex Dwelling: One (1) of four (4) buildings, arranged or designed as dwellings,
located on abutting walls without openings and with each building having a separate
lot, with minimum dimensions required by district regulations.
Residue: See Lot, Residue
Right-of-way Line: See Street Line
Roadway: The portion of a street right-of-way, which is paved, improved,
designated or intended for vehicular traffic.
Sensitive Areas: Areas requiring special attention when being developed due to
characteristics such as but not limited to:
1.
2.
3.
4.
Severe slope
Floodplain area
Wetlands
Significant Karst features
Severe Slopes: Slopes that are greater than 1 ½’ horizontal to 1’ vertical.
Single-Family Attached Dwelling: A duplex, triplex, quadruplex, or townhouse dwelling
unit.
Single Family Detached Dwelling: A residential dwelling unit designed for and occupied
by one (1) family only and not structurally connected or attached to any other dwelling.
Setback Line: The line within a property defining the required minimum distance
between any structure and an adjacent right-of-way or property line, also known as
building setback line.
Sewage Facility: Any sewer, sewage system, sewage treatment works or part
thereof, designed, intended, or constructed for the collection, conveyance,
treatment, or disposal of waste including industrial waste.
Significant Karst Feature: Sinkholes, closed depression, spring, sinking stream, or
cave entrance in an area underlain by limestone, dolostone, or gypsum geology.
Sinkhole or sink: A depression in the land surface formed by solution or collapse of
the earth below which directs surface runoff into the subsurface or to an
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Article 2 – Definitions
underground drainage flow. For the purpose of this Ordinance, the dimension of a
sinkhole or sink shall include the last closed contour line as shown on the
Preliminary Plat.
Stream, Intermittent: A stream which has no flow during sustained periods of no
precipitation and which does not support aquatic life whose life history requires
residence in flowing waters for a continuous period of at least six (6) months.
Stream, Perennial: A stream identified by well defined banks and natural channels
and has continuously flowing water most years. They are usually shown on a USGS
topographic map as a solid blue line.
Street: A public road or way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place
or however otherwise designated.
Street Line: The dividing line between a street and a lot or land abutting the street;
also known as a right-of-way line.
Street Classifications: See Appendix A of this Ordinance.
Structure: Anything constructed, the use of which requires permanent location on
the ground or which is attached to something having a permanent location on the
ground, but not including fences, sidewalks, driveways, curbs, water and sewer line
access points, fire hydrants, postal services, or accessory farm buildings.
Subdivision, Major: The division of a lot, tract, or parcel of land or part thereof into
two (2) or more lots, tracts, or parcels of land, including the residue, for the purpose
of lease, sale, transfer of ownership, or development simultaneously or at separate
times, whether immediate or future, in such a manner as to require provision for a
new street or relocated street to provide access to one (1) or more of the lots, tracts,
or parcels so created.
Subdivision, Minor: Is a merger, minor boundary line adjustment, judicial partition, or
testamentary transfer.
Subdivision Regulations: The Berkeley County Subdivision Regulations.
Subdivide: To divide tract of land into lots.
Subdivider: See “Developer”.
Surety: See Bond.
Testamentary Transfer: A division of real estate by testamentary (will) device.
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Article 2 – Definitions
Townhouse: One (1) of a group of three or more attached single-family dwelling units,
separated from each other by continuous vertical party wall(s) without openings for
human passage or visibility from basement floor to roof, with no dwelling unit directly
above another, and each unit having separate entrances from the outside.
Triplex: One of three (3) buildings, arranged or designed as dwellings, located on
abutting walls without openings and with each building having a separate lot.
Underground Injection Control (UIC) Permit: A permit issued by West Virginia
Department of Environmental Protection that regulates the subsurface emplacement
of fluids.
Utility: Services consumed by the public. Some examples include but are not
limited to: electric, natural gas, water, sewer, telephone, etc.
Vested Property Right:
1. A vested property right is a right to undertake and complete the land
development. The right is established when the land development plan and
plat is approved by the Planning Commission and is only applicable under the
terms and conditions of the approved final land development plan and plat.
2. Failure to abide by the terms and conditions of the approved land
development plan and plat will result in forfeiture of the right.
3. The vesting period for an approved final land development plan and plat
which creates the vested property right is five (5) years from the date of
approval of the final land development plan and plat by the Planning
Commission.
4. Without limiting the time when rights might otherwise vest, a landowner’s
rights vest in a land use or development plan and cannot be affected by any
actions of the Planning Commission when the landowner:
a. Obtains or is the beneficiary of a significant affirmative governmental act
which remains in effect allowing development of a specific project;
b. Relies in good faith on the significant affirmative governmental act; and
c. Incurs extensive obligations or substantial expenses in diligent pursuit of
the specific project in reliance on the significant affirmative governmental
act.
Waiver: The negation of compliance with part or all of a provision or provisions of
the Berkeley County Subdivision Regulations by a majority vote of the Planning
Commission in accordance with the procedures established in Article 12.
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Berkeley County, West Virginia
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Article 2 – Definitions
Watercourse: A stream of water, river, brook, creek, or channel or ditch for water
whether natural or man-made.
Wetlands: Areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, including swamps, marshes, bogs, and similar areas. Regulated by the
US Army Corps of Engineers.
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Berkeley County, West Virginia
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Article 3 – Processing Procedures
Article 3 – Processing Procedures
ARTICLE 3 – Processing Procedures
Section 301. General
1.
In order to effect timely, orderly and equitable processing of all
applications, the procedures set forth herein shall be observed by all
Applicants, the Berkeley County Planning Commission, and its staff.
2.
Each subsequent revision of the same plan (Sketch, Preliminary or Final)
shall be considered a separate submission to the Planning Commission.
Revisions to a plan within the context of an ongoing review shall not be
considered as a separate submittal.
3.
The table 3-1 below indicates the required plan at the different review
stages.
Table 3-1
Preliminary/Final
Subdivision
Major Subdivision/
Land Development
Sketch Plan
Not Required
Required
PreApplication
Meeting
Not Required
Required
Subdivision/
Land
Development
Preliminary
Plan
N/A
Required*
Subdivision/
Land
Development
Final Plan
Required
Required*
Review Stage
*In accordance with Section 305.4, a Preliminary Plan may be combined
with a Final Plan.
4. Major Land Developments: All major plans, and any subsequent changes,
must adhere to the Berkeley County Planning Commission guidelines
published as “Standardization of Major Land Development Plan”. This
document may be obtained from the Berkeley County Planning
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Article 3 – Processing Procedures
Commission staff.
Section 302. Types of Minor Land Development Plans
1.
Addition/Mergers
The following note shall be on all lot mergers:
“The ____ acre tract shall be merged into one property with the
adjoining tract, Tax Map and Parcel, for the exclusive purpose of
increasing the area of the said lot(s). The merged properties shall
not be used or sold individually without compliance with prevailing
Berkeley County laws and regulations.”
2.
Family Transfers/Minors
All family transfers/minors can be performed if the lots created are
more than two (2) acres in size and can be accessed off a WVDOH
right-of-way or a minimum fifty-foot (50’) right-of-way may be created
for a family transfer lot. The right-of-way may be graveled but shall
be paved, in accordance with Appendix A, Manual of Street
Standards, if any further subdivisions of the property are created. If
an easement is needed, then a waiver will be required to be
approved by the Planning Commission.
*Note: Only one (1) lot is allowed to be conveyed to any one family
member per individual parcel of property. If a 2nd lot is requested for
the same family member for the same property, a waiver must be
requested of the Planning Commission.
a.
A parcel conveyed as a Family Transfer may not be sold to a
non-family member for a period of five (5) years from the
date of recordation in the Office of the Clerk of the Berkeley
County Commission.
b.
A Family Transfer plat shall not be further subdivided unless
it proceeds through the Major Subdivision Process after the
five (5) year period.
c.
Family Transfer plats shall include, as a part of the plat,
certifications signed by the Grantor as follows:
1.
Subdivision Ordinance
Berkeley County, West Virginia
The intent of the Grantor is to transfer
the land only to a member of his/her
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Article 3 – Processing Procedures
immediate family.
2.
A lot, which is created via the family
transfer process, may not be conveyed
to a non-member of the immediate
family for a period of five (5) years from
the date of recordation of the plat of
record. (This language shall also be
included in the deed).
Section 303 Procedure, Major Land Development Plans
1.
General Procedure
During the course of the process, the applicant shall:
a.
submit a sketch plan;
b.
participate in a public hearing before
Commission to present the sketch plan and;
c.
submit a preliminary plan for review and advancement to
final plan and, subsequently, a final plan;
d.
Participate in a public hearing before the Planning
Commission to present final plan for approval;
e.
The Planning Commission, having received all comments
from the developer, the public and Planning Commission
Staff will approve or disapprove the final plan based on the
requirements of this Ordinance.
the
Planning
Section 304. Sketch Plan Review and Comment
The preparation and submission of a sketch plan and written supplementary
information is required for all major land developments, including planned unit
developments.
Section 304.1. Purpose
The submission of a sketch plan and the written supplementary information will
assure the applicant:
a.
That Planning Commission Staff has the proper visual concept of
this proposed project;
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Article 3 – Processing Procedures
b.
That there is clear understanding as to the information regarding
the proposed project, the site and its use;
c.
That the proposed project is submitted with information sufficient to
provide an accurate evaluation by not only the Planning
Commission and its Staff but also by the general public.
Section 304.2. Sketch Plan Submittal
a.
Within fourteen (14) days of Sketch Plan submittal, the proposal
shall be reviewed by the Planning Commission Staff and a letter
shall be provided to the applicant confirming any comments or
recommendations issued by staff with regards to the proposed
development and an evaluation as to its completeness. A sketch
plan meeting can be held with the staff. The purpose of the meeting
would be to inform the applicant of what is to be expected
procedurally; comment on the general advisability and to discuss
development ideas and proposals of the plan, its conformity to this
Ordinance and its administrative completeness (i.e. containing all
items required in Section 401.3).
b.
If comments exist from the letter and/or meeting, the applicant shall
address these comments when revising the sketch plan. A revised
sketch plan shall be re-submitted to the Planning Department prior
to being forwarded to the Planning Commission for public hearing.
If no comments exist, the initial submittal will be forwarded to the
Planning Commission for public hearing.
Section 304.3. Public Hearing
a.
Subsequent to a sketch plan submittal, the applicant shall submit a
minimum of two (2) originals and one (1) electronic media formatted
copy, as specified in Section 403.2.c of the complete sketch plan
and written supplementary information in accordance with Section
401.3; the date of such submission shall be considered the date of
official submission. The submission shall be on forms provided by
the Planning Commission Staff and accompanied by the required
fees established in this Ordinance.
b.
A public hearing shall be scheduled within thirty (30) days of the
date in which the sketch plan is determined to be complete. The
purpose of this public hearing is to receive staff comment, review
the sketch plan with any revisions and, in particular, to receive input
from the developer and the general public. At the conclusion of the
public hearing, the Planning Commission may remand the plan
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Article 3 – Processing Procedures
back to the applicant with comment. The Planning Commission
Staff shall officially notify the applicant in writing within fourteen (14)
days of the conclusion of the hearing confirming any comments or
recommendations issued by the Planning Commission.
The
applicant may address these comments and recommendations in
the subsequent Preliminary Plan.
c.
The Planning Commission shall cause a public notice of the date,
time and place of the public hearing to be published in a local
newspaper within at least fourteen (14) days prior to the public
hearing. The applicant/developer will also be notified by the
Planning Department to pick up a public hearing sign accompanied
by the required fees established in this Ordinance.
The
applicant/developer shall post this sign at least 14 days prior to the
public hearing as close to the road as possible as well as in a
location that is clearly visible. Once the sign has been posted, the
applicant/developer shall contact the Planning Department for an
inspection of the sign posting and once inspected, the inspection
date and a photograph of the sign shall be placed in the project file.
Section 305. Preliminary Plan Pre-Vesting Meeting
The preparation and submission of a Preliminary Plan, together with other
supplementary material, are required for Major Land Developments, including
Planned Unit Developments.
Section 305.1. Purpose
The purpose of the Preliminary Plan is to request review and advancement from
the Planning Commission on matters relating to detailed engineering design and
layout of all proposed improvements in order to minimize changes and revisions
before the Final Plan is submitted for review and disposition.
Section 305.2. Procedure-Preliminary Pre-Vesting Meeting
a.
Based on conclusions reached and information provided in the
sketch plan submittal and the public hearing regarding the general
objectives of the proposed project as well as its conformity to this
Ordinance, the applicant shall prepare a Preliminary Plan, together
with other supplementary material as specified in Section 402.2 of
this Ordinance.
b.
The applicant shall submit to the Planning Commission a written
request for review, including the required copies of the Preliminary
Plan and supporting documents, and one electronic media
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Article 3 – Processing Procedures
formatted copy as specified in Section 403.2.c on forms provided
by the Planning Commission Staff, and accompanied by the
required fees established in this ordinance.
c.
Based on the type, size, and location of the proposed project, and
other agencies’ requirements, the Planning Commission shall
require approvals from the agencies listed below, as the project
may require:
West Virginia Bureau of Health, Environmental Engineering
Division
West Virginia Division of Highways**Applicant must show dated
proof of filing application to the DOH, in the event an
agreement/bonding requirement is needed for proposed
improvements.** If no agreement/improvements are required,
then the DOH permit/approval is required.
Public Service Districts, Water and Sewer
Berkeley County Health Department
NPDES approval authority**Applicant must show dated proof of
filing application to the DEP.**
GPP approval authority
Central Dispatch,
West Virginia DEP
US Army Corps of Engineers
Berkeley County Engineering Department
West Virginia Public Service Commission
And others as may be required.
d.
Within seven (7) days of receipt of the written request along with
the required number of copies of the Preliminary Plan and the
required supplementary material, the Planning Commission Staff
shall review the plan and notify the applicant as to its
completeness.
Should the plan be adjudged by the Planning Commission Staff to
be administratively incomplete, i.e., not containing all elements
required by Section 402.2, the applicant shall be so notified and the
plan shall be considered not to have been officially submitted.
e.
Within forty-five (45) days of official submission and receipt of all
approvals including those from outside agencies, the Planning
Commission at a regularly scheduled meeting shall consider the
plan. In determining whether advancement should be given to the
Preliminary Plan, the Planning Commission at its public meeting
shall be guided by the design standards set forth in this Ordinance.
Particular attention shall be given to Planning Commission Staff
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Article 3 – Processing Procedures
comment, previous public comment, but especially the
arrangement, location and width of streets and their relation to the
topography; storm water management; water supply; sewage and
solid waste disposal; drainage; erosion and sediment control; lot
sizes and arrangements; the “Statement of Legislative Intent” and
the “Statement of Purpose” of this ordinance.
f.
Following the Planning Commission’s review of the Preliminary
Plan and other materials required by these regulations, including
comments issued by or approvals required by other departments
and agencies if available, the Planning Commission shall at the
public meeting, or no more than fourteen (14) days after the public
meeting advance the plan or remand it back to the applicant for
revisions. If remanded, the Planning Commission shall express its
reasons for remanding in writing and shall cite the section(s) of the
Ordinance which form the basis for remanding back to the
applicant.
g.
In those instances in which an applicant cannot resolve a staff
comment, the issue may be brought before the Planning
Commission for review and resolution, at the applicant’s discretion.
Section 305.3. Effect of Preliminary Plan Advancement
Advancement of a Preliminary Plan shall not constitute approval of the Final
Plan. Rather, it shall be deemed as advancement to final plan review stage as a
guide to the preparation of the Final Plan application. Upon fulfillment of the
requirements of these regulations and satisfaction of the Preliminary Plan
advancement, the Final Plan may be submitted for determination by the Planning
Commission.
Advancement of a Preliminary Plan by the Planning Commission shall have the
following meaning:
From the date of the Preliminary Plan advancement, the Preliminary Plan shall
be valid for a period of three (3) years.
a.
The applicant may seek extensions of the Preliminary Plan
advancement in one (1) year increments, not to exceed two (2) in
number.
b.
The Planning Commission in reviewing the extensions shall take
into consideration the status of the application from outside
agencies and changes within the vicinity to better accommodate a
changed level of service.
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Article 3 – Processing Procedures
c.
The terms and conditions, including but not limited to street layout,
lot size and setbacks, and improvements on which such preliminary
advancement was granted will not be changed, unless requested
by the Applicant and agreed to by the Planning Commission;
d.
The applicant may submit on or before the expiration date of such
Preliminary advancement, the whole or any part of said subdivision
for final determination in accordance with the provisions of this
Ordinance, provided that if the applicant elects to submit only a part
of said subdivision for final approval, the applicant shall first make
written notification to the Planning Commission indicating
specifically the part or parts for which final approval is requested.
e.
A Plan Change must be submitted for public hearing under the
following circumstances:
A change in the number of lots, (increase or decrease in the #); lot
sizes; roads; storm water management areas; changes in open
space areas or percentages; parking lot areas/lots; and any
increase in impervious surfaces affecting the Preliminary Plan that
was recommended for advancement to Final Plan.
Administrative plan changes that do not require a public hearing are
as follows:
Boundary line or lot line adjustments; road name changes, and
decreases in impervious surfaces.
Section 305.4 Procedure-Simultaneous Preliminary/Final Plan
1.
2.
Where lots are greater than two (2) acres in size and have
frontage on a WVDOH road, and no improvements are
needed, the developer may submit a combined
Preliminary/Final Plan to be forwarded to the Planning
Commission.
Applicant Procedure
a.
The application for Preliminary/Final Plan review and
determination shall be on forms provided by the Planning
Commission Staff accompanied by the required final plan
fees established in this ordinance.
b.
Should the plan receive approval, the applicant shall record
such plan in the Office of the Clerk of the County
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Article 3 – Processing Procedures
Commission in accordance with the appropriate provisions of
the law within ninety (90) days of such approval. In the
event that the final plan is not filed within the appropriate
time, the application shall be considered withdrawn and any
previous approval or modifications shall be considered
lapsed.
3.
4.
Planning Staff Procedure
a.
The application, plans, and supporting documents shall be
filed with the Planning Commission Staff, which must, within
seven (7) days after submission if the applicant desires,
meet with the applicant to discuss the criteria used to
classify the proposal as preliminary/final plan.
b.
Within ten (10) days after submission of the Preliminary/Final
Plan, the Planning Commission Staff shall notify the
applicant in writing whether of not the submission has been
classified a minor land development.
c.
Within ten (10) days of the date that the plan was classified a
Preliminary/Final Plan, the Planning Commission Staff shall
approve or deny the plan and so notify the applicant in
writing within fourteen (14) days of the date of the decision.
Planning Commission Denial/Appeal Procedure
a.
In the instance of a Preliminary/Final Plan denied by staff,
the applicant may appeal the decision to the Planning
Commission within thirty (30) days of the date of the Letter of
Denial.
b.
Upon receipt of the Request for Appeal, the request shall be
placed on an agenda within thirty (30) days from the Receipt
for Request.
c.
If the Planning Commission denies the plan, it shall set forth
the reasons in its own records and so notify the applicant in
writing within fourteen (14) days of the date of the decision.
Section 306. Final Plan Review and Approval
The preparation and submission of a final plan, together with supporting
documents and data, are required for all land developments including planned
unit developments.
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Berkeley County, West Virginia
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Article 3 – Processing Procedures
Section 306.1. Purpose
The purpose of the final plan is to require formal approval by the Berkeley County
Planning Commission before all plans of all subdivisions are recorded in the
Office of the Clerk of the County Commission and/or prior to the construction of
improvements.
Section 306.2. Procedure, Major Land Developments
a.
b.
General Procedure
1.
The final plan shall conform substantially to the preliminary
plan as previously advanced by the Planning Commission. If
substantive changes have been made as adjudged by the
Planning Commission Staff, the plan shall be considered a
revised preliminary plan, which must be re-advanced by the
Planning Commission and the participating agencies
indicated in Section 305.2.c.
2.
The applicant may submit the final plan by phase or in its
entirety.
3.
The final plan and supporting documents shall comply with
the provisions of this Ordinance.
4.
The final plan shall be submitted to the Planning
Commission within three years (3) after advancement of the
preliminary plan.
Otherwise, such advancement shall
become null and void unless an extension of time for the
preliminary plan is applied for by the applicant and granted
by the Planning Commission.
Applicant Procedure
1.
The application for final plan determination shall be on forms
provided by the Planning Commission Staff, accompanied by
the required fees established in this Ordinance.
2.
The applicant shall submit to the Planning Commission a
written application, including the required copies of the Final
Plan and supporting documents, and one electronic media
formatted copy as specified in Section 403.2.c.
3.
The applicant shall submit permits and/or letters of approval
from the agencies listed below, as the project may require:
Subdivision Ordinance
Berkeley County, West Virginia
Draft with CC approval – April 2009
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Article 3 – Processing Procedures
West Virginia Bureau of Health, Environmental Engineering
Division
West Virginia Division of Highways
Public Service Districts, Water and Sewer
Berkeley County Health Department
NPDES approval authority
GPP approval authority
Central Dispatch,
West Virginia DEP
US Army Corps of Engineers
Berkeley County Engineering Department
West Virginia Public Service Commission
and others as may be required.
4.
c.
Upon approval of the final plan by the Planning Commission,
the required copies and a Mylar shall be submitted to the
Planning Commission for approval signature. The applicant
shall file the signed plan in the Office of the Clerk of the
County Commission in accordance with the appropriate
provisions of the law within five (5) years of the date of such
approval. In the event that the Final Plan is not filed within
the appropriate period of time, the Final Plan shall be
considered withdrawn and any previous approval or
modification of the Final Plan shall be considered null and
void.
Planning Commission Procedure-Approval of Final Plan
1.
Submittal of application request for determination-Application
for determination is submitted by the applicant/developer.
2.
Plan Determination Meetinga.
At the 1st regular meeting following submittal of the
application, the Planning Commission shall find that
the application meets the requirements of the
Ordinance and is therefore complete, or find that the
application does not meet the requirements of the
Ordinance and is therefore not complete.
b.
If complete, the Planning Commission sets the date,
time and place for the public hearing and meeting to
vote on the completed application.
c.
Pursuant to Chapter 8A, Article 5, Section 8(c), of the
Subdivision Ordinance
Berkeley County, West Virginia
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Article 3 – Processing Procedures
West Virginia Code, 2004, as amended, the Planning
Commission shall conduct a public hearing at a
regularly scheduled public meeting within forty-five
(45) days of the date of official submission of said
final plan. The purpose of this public hearing is to
receive staff comment, review the final plan with any
revisions and, in particular, to take testimony from the
developer and general public. At the conclusion of
the public hearing, the Planning Commission shall
remand the plan back to the applicant with comment
or approve the final plan.
d.
The Planning Commission staff, at least twenty-one
(21) calendar days before the public hearing, shall
cause a notice of the hearing to be published in a
local newspaper. The applicant/developer will also be
notified by the Planning Department to pick up a
public hearing sign accompanied by the required fees
established
in
this
Ordinance.
The
applicant/developer shall post this sign at least 14
days prior to the public hearing as close to the road
as possible as well as in a location that is clearly
visible.
Once the sign has been posted, the
applicant/developer shall contact the Planning
Department for an inspection of the sign posting and
once inspected, the inspection date and a photograph
of the sign shall be placed in the project file.
e.
Within fourteen (14) days after the Public Hearing, or
immediately following the hearing’s conclusion, the
Planning Commission shall approve, approve with
conditions, deny or hold the application.
f.
If the Planning Commission approves the plan, the
plan shall be signed and the developer notified. The
approval of the final plan constitutes the start of the
five (5) year vesting period.
g.
If the plan is denied, the developer may make new
application to the Planning Commission staff for
complete review and a new public hearing.
h.
If the plan is held for additional information, the
Planning Commission shall notify the applicant of the
need for such information.
Subdivision Ordinance
Berkeley County, West Virginia
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Article 3 – Processing Procedures
i.
3.
If the plan is approved with conditions, at such time as
the conditions have been met, the applicant shall
submit a request to the Planning Department to be
placed on the next available agenda for final plan
approval.
Recordationa.
Subdivision Ordinance
Berkeley County, West Virginia
Following approval and meeting the conditions set by
the Planning Commission, the subdivision or land
development unit shall be recorded by the applicant in
the Office of the Clerk of the County Commission. If
the development is located in more than one county,
recordation shall be in the county of initial land
development and subsequently in other counties
where the development in that county is also located.
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Article 4 – Plan Requirements
Article 4 – Plan Requirements
ARTICLE 4 - PLAN REQUIREMENTS
Section 401. Sketch Plan
The Applicant shall prepare a sketch plat and written supplementary information for
review. The sketch plan shall include the information described below.
Section 401.1. General Information
General information, in narrative form, which describes the overall purpose of the
proposed development and its specific uses and its consistency with the County
Comprehensive Plan, shall be provided by the Applicant to supplement the
information provided on the actual sketch plat drawings. This information also shall
include data on soil types, geological information, community facilities and utilities
and information describing the land development proposal. The Applicant, if
desired, may propose a phasing plan, with estimated time frames for each proposed
phase of development, but in every case shall estimate the ultimate build-out date.
The sketch plan shall also provide information on provisions for parking for
commercial and multi-family development, including the number of required and
proposed parking spaces. In addition, for all developments information on proposed
road types, total acreage of site and the amount of acreage to be developed as lots,
as open space and as streets; and information on the historic use of the site,
especially if previous land uses may tend to impact the site’s development potential,
is required. In addition, one (1) electronic media formatted copy shall be required.
Please reference the Berkeley County Digital Data Submission Standards Policy.
Section 401.2. Location Map
A location map, at a scale of no less than six hundred feet (600’) to one inch (1”),
shall show the relationship of the proposed land development to existing community
facilities, which serve or influence it. These facilities shall include public road
systems, public schools, retail and commercial areas, County and State parks, and
any other public or private amenities of note, which are located in proximity to the
proposed development. The location map shall be drawn at a scale, which allows
information such as State route numbers and local road names, location of local
trails, local landmark names, and all other geographic identifiers to be easily read
and interpreted.
Section 401.3. Sketch Plat
The sketch plat shall include the following:
1.
Proposed layout of streets.
2.
Total number of lots, configuration of lots and lot sizes.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
3.
Name, location and width of right-of-way of adjacent roads
4.
Name and location of any adjacent subdivisions whether approved or
in progress, (provided by the Berkeley County Planning Staff, after
1st submission if needed), and Berkeley County Planning
Commission File # for each.
5.
Tax map information, current land use and property owners for all
adjacent properties, north arrow with the basis of north.
6.
Location of proposed storm water management facilities and type of
facility.
7.
Types of utilities proposed
8.
Name and address of preparer
9.
Topography at ten foot (10’) intervals and conditions including soil
types, floodplain lines, wetlands and other natural features, as shown
on the USGS Quadrangle maps or other mapping products for the site
and one-hundred feet (100’) from the site boundary.
10.
Location and description of any proposed recreational or open space
uses
11.
Existing sensitive areas which may impact the site’s development
potential.
12.
Existing built features and infrastructure and their proposed eventual
disposition (i.e., to be razed, removed, maintained or converted to
another use).
13.
Preliminary calculations of impervious coverage, density, area of nonresidential uses, and parking requirements.
14.
The proposed name of the land development, which shall not duplicate
or closely approximate the name of any other land development in the
County or its close proximity.
15.
Developments that propose more than fifteen (15) dwelling units, shall
obtain and complete a “Planning Commission Public School Impact
Form”, which is available at the Planning Commission office.
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16.
Average Daily Traffic estimates (ADT) at each proposed point of
access.
17.
Prospective street layout providing access to the remainder of the
property when the land development covers only part of the owner’s
entire holdings.
18.
Statement on the plat whether the property lies within a one hundred
(100) year floodplain, (Appendix C) including Flood Insurance Rate
Map (FIRM) map panel, number and date.
19.
A completed Environmental Impact Checklist, Appendix C contained
herein.
Section 401.4.
Environmental Considerations:
The Sketch Plat shall identify known environmental features, such as wetlands (as
per National Wetlands Inventory Maps), wet and intermittent streams, forested
areas, sink holes, caves, springs, severe slopes, soil types and the general location
of any other significant geological or other feature.
If development is proposed on a site which was previously used for an activity which
may pose a potential public health risk due to the presence of residual toxins,
chemical contaminants or heavy metals such as arsenic, then the Sketch Plat shall
state that the development of the site will comply with all applicable guidelines and
standards for the reuse and redevelopment of environmentally compromised sites,
as established by the West Virginia Department of Environmental Protection, The
Federal Environmental Protection Agency or any other governing state or federal
authority.
As per the West Virginia Department of Environmental Protection, the Applicant is
cautioned that any property having an agricultural history is subject to enhanced
scrutiny of its environmental suitability for residential or commercial redevelopment.
The Department of Environmental Protection advises that the Applicant exercise all
due diligence in researching land use history of property proposed for
redevelopment, and advises that “due diligence” shall be interpreted to mean the
compilation of information relating to past uses of a property as far back in time as
the existence of written documentation shall allow.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
Section 402. Preliminary Plat
Section 402.1 General
The preliminary plat shall be submitted by the Applicant on durable paper and shall
be clear, legible and in accordance with the Berkeley County “Standardization of
Major Subdivision/Land Development Plans”. The scale shall be one hundred feet
(100’) or less to the inch and the size of the sheets shall be twenty-four (24) by thirtysix inches (36”), including a one and one half inch (1 ½”) margin for binding along
the left edge. When more than one sheet is required, an index sheet of the same
size shall be submitted showing the entire subdivision drawn to scale. The
preliminary plat shall be labeled “PRELIMINARY PLAT” in large letters. In addition,
one (1) electronic media formatted copy shall be required. Please reference the
Berkeley County Digital Data Submission Standards Policy.
Section 402.2 Required Information
The preliminary plat shall show or be accompanied by the following information:
a.
General
1.
Location map at a scale of no less than six hundred feet (600’)
to one inch (1”) indicating the location of the property with
respect to surrounding properties and streets. The location
map must be drawn at a scale which allows local street names,
landmarks, and other geographic information to be easily read
and understood. The map shall show all streets and property
within one thousand feet (1000’) of the exterior property of the
development site.
2.
The names of all adjoining property owners and current land
uses with deed reference and tax map description, and/or the
names and locations of any adjacent residential subdivisions,
current or proposed, with the Berkeley County Planning
Commission File #.
3.
The proposed name of the land development, which shall not
duplicate or closely approximate the name of any other land
development in the County or its close proximity.
4.
The name and address of the owner or owners of the land to be
subdivided or developed, and the name and address of the
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
Applicant, if different from the owner.
5.
A letter from the owner, if different from the Applicant,
authorizing the Applicant to act as his agent with full authority.
6.
The name and address of the registered engineer, land
surveyor certified in the State of West Virginia responsible for
the preparation of the plat, and the name and address of the
registered engineer certified in the State of West Virginia
responsible for the preparation of the plans for the required
improvements.
7.
North arrow (with basis of north), scale and date.
8.
Title block; location of tract by tax district, map, parcel, deed
book and page number.
9.
A surveyor's certification block certifying to the exterior property
lines of the property being developed.
10.
Computation of total area (acreage) of the land development
proposed (including all open space, conservation easements,
storm water management areas, residue, lot area(s), gross
density per acre and rights-of-way).
11.
If the Preliminary Plat proposes a phase or section of a larger
development, then submit a sheet in the plat set which shows
the entire development, including the current phase or section
and all existing and future phases or sections.
12.
When the preliminary plat under review is a re-plat of a
subdivision of record, there shall be shown the following
statement on the preliminary plat with the applicable entries
made thereon:
This is a replat of_____________________________________
(name of subdivision)
recorded on
, in Plat Book #
,
(date of recording)
Page #
, owned by
at
(name of owner)
time of recording.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
_____________________________
Signature of Present Owner
b.
13.
In the case of re-plat of a subdivision of record, dotted or
dashed lines shall be used to show the features or locations to
be abandoned and solid lines to show the currently proposed
features or locations.
14.
Date of plat preparation and dates of any subsequent revisions
to the plat made during the review process, if any.
15.
A completed Engineering Preliminary Plat Checklist, as
provided by the County Engineer and Planning Preliminary Plat
Checklist, as provided by the County Planning Commission.
Site Data
Site data shall include the following:
1.
Subdivision boundaries with distances, including entire area
proposed to be subdivided or developed and remainder of the
tract in the same ownership; all existing restrictive easements
rights-of-way and the purpose for which such easements and
rights-of-way have been established; plus any parks,
conservation easements or other public open spaces.
2.
An “existing features” sheet which shows all built structures on
the site, and includes information as to their proposed final
disposition. Existing man-made features that may influence the
design of the subdivision, such as power transmission towers or
power lines, historic areas or features, sewers, water mains,
culverts, utility lines, fire hydrants and cemeteries shall be
shown. Natural features also shall be shown, including forested
areas, wetlands as shown on the National Wetlands Inventory
Maps, water features, tree groves, swamps, outstanding
topographic features, and sinkholes or depressions. Proposed
rights-of-way and lot lines should be ghosted in the background.
3.
Existing topography with two-foot (2’) contour intervals. Where
the terrain is rugged and hilly and where existing grades are
twenty five percent (25%) or greater, ten-foot (10’) contour
intervals will be permitted in the area where such grades exist.
Topography lines for off site improvements shall be shown at
two foot (2’) contour intervals.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
c.
4.
Location, widths, and names of all existing streets or alleys on
or within one hundred feet (100’) of the land development unit
site. Recorded but unimproved streets shall be shown with
dashed lines, and shall be labeled as “recorded but unimproved
rights of way”.
5.
If the property to be developed is located within the floodplain, in
whole or in part, the extent of the one hundred (100) year flood
plain within the property and adjoining properties. Additional
applicable information as may be required by the County
Floodplain Ordinance.
Proposed Design and Improvements
1.
The layout of all proposed and existing lots, with approximate
dimensions and area in square feet for each lot; proposed uses
of property.
2.
Front, rear and side yard setbacks.
3.
The location of proposed buildings, the first floor elevation and
the building envelope. For residential structures a composite
footprint may be used.
4.
Impervious coverage, density and parking calculations.
5.
Existing and proposed driveway locations
6.
Site dimensions, including the number of linear feet which front
on public highways. All proposed street names and locations of
street, traffic regulatory signs and ADT shall be shown.
7.
Location, width and grade of all proposed streets, typical cross
sections including a description of the centerline with distances
and curve data shall be shown. Any access point onto a public
highway must be approved by the West Virginia Division of
Highways.
8.
The approximate location, dimensions and area of all property
proposed to be dedicated or temporarily reserved for public use,
or to be reserved by a blanket covenant for use of all property
owners in the land development and conditions for such
conveyance or reservation. The location, dimensions, area and
purposes of any proposed conservation, open space, or other
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
restrictive easements shall be shown.
9.
Where such information is available, proposed public
improvements, streets or other major improvements which have
been planned by public bodies for future construction on or near
the proposed land development unit shall be shown on the plat
or site plan.
10.
Proposed location of street trees, sidewalks and street lighting
standards (if required); all other proposed improvements.
11.
Standard Berkeley County and review agency construction
details shall be provided.
12.
Proposed drainage systems showing the disposition of surface
drainage with the following;
i.
Typical cross sections of all proposed storm water
management ponds and ditches.
ii.
Drainage easements through onsite and offsite lots.
iii.
Road culvert profiles.
iv.
The location, size and invert elevations of storm sewers
and appurtenances thereto shall also be shown.
13.
A proposed plan for erosion and sediment control during and
after the construction phase shall be required pursuant to the
Berkeley County Storm Water Management and Sediment
Erosion Control Ordinance.
14.
Connections with an existing water supply, if available, or
alternative means of supply. If connecting to an existing water
supply, show location, size of main, pressure and flow available
at the connecting point.
15.
Connections with existing sanitary sewer system or other means
of sewage collection, treatment and disposal shall be shown. If
connecting to an existing system, show location, size, and invert
elevations at connecting point.
16.
If individual sewer systems are proposed the location of the
drainfield, or alternate means of disposal, as approved by the
Berkeley County Health Department, State Health Department
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
and WVDEP, if applicable, must be shown. This area shall
include the required septic reserve areas.
Approval
documentation shall be submitted to the Planning Commission
for all drain fields.
17.
If individual water supply systems are to be provided, the
location of the well as being one-hundred feet (100’) distant
from any septic system and ten feet (10’) distant from any
property line is required.
18.
The location of existing gas lines, fire hydrants, electric and
telephone poles, street lights, as well as the recommended
and/or required future locations, or easements, of these
services.
19.
When the Preliminary Plat covers only a part of the owner’s
entire adjacent holdings, a scaled drawing, with topography and
the prospective future street system which would provide
access to the owner’s adjacent holdings shall be shown. The
prospective future street system shall be shown for a minimum
distance of two hundred feet (200’) beyond the boundary of the
proposed Land Development as indicated on the Preliminary
Plat.
20.
Proposed utility or other rights-of-way or restrictive easements
may not cross through any conservation easement protected
property held by any holder unless written approval has been
granted by the Berkeley County Farmland Protection Board or
other administering conservation agency.
21.
All grading, including that for individual lots, shall be shown on
the Preliminary Plat with existing and proposed contours.
22.
Location of existing monuments and proposed new
monuments.
23.
For applications that require a highway entry permit the
Applicant shall submit to the Berkeley County Planning
/Engineering Departments which will review the application and
make a recommendation to the West Virginia Division of
Highways prior to WVDOH submittal. A traffic study shall be
required for all commercial development where projected ADT is
one hundred (100) or more trips during the peak generating
times and for all residential subdivisions with fifteen (15) lots or
greater. Traffic studies shall be no older than eighteen (18)
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
months. The study shall be performed by a qualified traffic
engineer. Notwithstanding the above, The Engineering/Planning
Departments and/or the Berkeley County Planning Commission
reserve the right to have the authority to request additional
information as necessary.
24.
Section 402.3
If a traffic impact study is required, please refer to the WVDOT
Traffic Engineering Directive 106-1- April 19, 2004, et. seq.
Hydrogeologic Testing
Hydrogeologic testing as set forth in this document is an evaluation of groundwater
quantity and quality and the potential effects that a proposed land development may
have on water resources. The evaluation is based on both on-site hydrogeologic
testing and existing and readily available information.
Hydrogeologic testing and reports are required and specifically defined for
residential subdivisions not served by public water and public sewer with fifteen (15)
or more lots. Each hydrogeologic test shall be performed by or under the direct
supervision of a professional geologist.
A report of the evaluation, the
Hydrogeologic Report, shall be prepared and signed by the professional geologist
and submitted to the County for review. Where not specifically defined in this
Section, the methodology used for testing and evaluation shall follow generally
accepted professional hydrologic and hydrogeologic practices and standards.
Section 402.3.1
Hydrogeologic Testing Requirements for Subdivisions,
fifteen (15) lots or more, not served by Public Water and
Public Sewer
A hydrogeologic report for subdivisions will examine the local hydrogeologic
conditions and the relationship between the proposed land use and those conditions.
The testing will focus on the groundwater quantity and quality as they relate to the
requirements of the proposed land development and the potential impacts the
subdivision may have on the water resources. A hydrogeologic report is required
prior to a preliminary subdivision submission.
Subdivisions not served by public water and public sewer can be divided into two (2)
groups based on the type of water supply system; those having a private well on
each individual lot and those having community water systems serving two or more
lots.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
Section 402.4
Water: Home and Business Consumption
This section addresses water for home and business consumption. The intent is to
establish: 1) demand levels which satisfy quality of life, 2) requirements for
well/pump testing, and 3) procedures to enhance sustainability of this resource.
Definitions of Acronyms
gpm = gallons per minute
gpd = gallons per day
psi = pounds per square inch
ERU= equivalent residential unit
ADD = average daily demand (gallons per day/ERU)
AARn = average annual rainfall under normal conditions
AARd = average annual rainfall under drought conditions
MDD = maximum daily demand (gallons per day/ERU)
PHD = peak hourly demand (gallons per day/ERU)
Standard Units for Berkeley County Applications
AARn for Berkeley County = 39.4 inches/year
AARd for Berkeley County = 19.7 inches/year
ADD = 180 gpd (based on Berkeley County Public Service District (PSD) statistics
MDD = 360 gpd (2 x ADD)
A.
Private Wells
1. A private well shall be defined as a well which supplies a single ERU.
2. Each private well must be capable of providing a continuous yield of > 3 gpm.
3. If the well does not yield at the minimum required rate, then the water supply
system (i.e. borehole + storage/pressure tank) must provide a reservoir of 360
gallons (equivalent to the regional MDD). In addition, the well must be
capable of supplying enough water to refill the reservoir within a twenty-four
(24) hour period.
B.
Community Wells
1. A community well shall be defined as a well, which supplies more than one
ERU.
2. Community well yield shall be determined based on the number of ERUs
being supplied. It is critical that the water system source, treatment and
storage facilities must be designed such that, together, they provide the MDD
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for the system based on the number of residences. It is preferable that the
system be designed such that the source alone will be able to meet, and
preferably exceed, the MDD. This is important, as larger storage tanks, with
corresponding residence times of stored water, are more susceptible to water
quality issues such as stale water, warm water in the summer, and biological
growth. It is notable that that the more a utility relies on storage rather than
source to meet the MDD, the longer it will take the utility to replenish the
storage once it is depleted. In addition, fire protection authorities generally
recommend the ability to replenish fire protection storage within a twenty-four
(24) hour period after it is depleted. To accomplish this, the flow rates must
equal or exceed the MDD.
3. The yield for a community well shall be determined by multiplying the number
of proposed ERUs to be supplied by the system by the MDD, as shown in the
following formula:
Community Well Yield (gpd)=(No. of ERUs)(MDD in gpd)
C.
For example: (No. of ERUs)(MDD) = CYY
(200)(360)=72,000gpd
Non-Residential Wells
1. All wells that supply commercial establishments (e.g. agricultural, retail,
industrial, recreational, etc.) shall be sized based upon the design engineer’s
recommendations regarding the specific establishment’s water supply
requirements. Guidance for the requirements of a specific establishment
should be derived from Table 4-1 as follows:
Table 4-1 Guide for Non-Residential Water Demand
Type of Establishment
Water Used (gpd)
Airport (per passenger)
3-5
Apartment, multiple family (per resident)
50
Bathhouse (per bather)
10
50
Boardinghouse (per boarder)
10
Additional kitchen requirements for nonresident
boarders
Camp:
50
Construction, semi permanent (per worker)
15
Day, no meals served (per camper)
100 - 150
Luxury (per camper)
50
Resort, day and night, limited plumbing (per
35
camper)
Tourist, central bath and toilet facilities (per
person)
Cottage, seasonal occupancy (per resident)
50
Subdivsion Ordinance
Berkeley County, West Virginia
4-12
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Type of Establishment
Water Used (gpd)
Club:
Country (per resident member)
Country (per nonresident member present)
Factory (gallons per person per shift)
Highway rest area (per person)
Hotel:
Private baths (2 persons per room)
No private baths (per person)
Institution other than hospital (per person)
Hospital (per bed)
Lawn and Garden (per 1000 sq. ft.)
Assumes 1-inch per day (typical)
Laundry, self-serviced (gallons per washing [per
customer]
Livestock Drinking (per animal):
Beef, yearlings
Brood Sows, nursing
Cattle or Steers
Dairy
Dry Cows or Heifers
Goat or Sheep
Hogs/Swine
Horse or Mules
Livestock Facilities
Dairy Sanitation (milk room)
Floor Flushing (per 100 sq. ft.)
Sanitary Hog Wallow
Motel:
Bath, toilet, and kitchen facilities (per bed space)
Bed and toilet (per bed space)
Park:
Overnight, flush toilets (per camper)
Trailer, individual bath units, no sewer
connection (per trailer)
Trailer, individual baths, connected to sewer (per
person)
Picnic:
Bathhouses, showers, and flush toilets (per
picnicker)
Toilet facilities only (gallons per picnicker)
Poultry (per 100 birds):
Chicken
Subdivsion Ordinance
Berkeley County, West Virginia
100
25
15 - 35
5
50
50
75 - 125
250 - 400
600
50
20
6
12
20
15
2
4
12
500
10
100
50
40
25
25
50
20
10
5 - 10
4-13
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Type of Establishment
Ducks
Turkeys
Restaurant:
Toilet facilities (per patron)
No toilet facilities (per patron)
Bar and cocktail lounge (additional quantity per
patron)
School:
Boarding (per pupil)
Day, cafeteria, gymnasiums, and showers (per
pupil)
Day, cafeteria, no gymnasiums or showers (per
pupil)
Day, no cafeteria, gymnasiums or showers (per
pupil)
Service station (per vehicle)
Store (per toilet room)
Swimming pool (per swimmer)
Maintenance (per 100 sq. ft.)
Theater:
Drive-in (per car space)
Movie (per auditorium seat)
Worker:
Construction (per person per shift)
Day (school or offices per person per shift)
Source:
Water Used (gpd)
22
10 - 25
7 - 10
2-1/2 - 3
2
75 - 100
25
20
15
10
400
10
5
5
50
15
Adapted from Design and Construction of Small Water Systems: A
Guide for Managers, American Water Works Association, 1984, and
Planning for an Individual Water System. American Association for
Vocational Instructional Materials, 1982.
Subdivsion Ordinance
Berkeley County, West Virginia
4-14
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Section 402.4.2
Well Proving Requirements: Low Density Private Wells
LOW DENSITY PRIVATE WELLS
This material shall apply to all individual residential wells, including private wells in
subdivisions where there are less than fifteen (15) lots, or where the lot size is
greater than ten (10) acres. Approval of subdivisions will not require wells to be
drilled in advance; however a use and occupancy (U & O) permit will not be issued
until the well has been approved by the County Health Department and has been
shown to meet the requirements of this section of the ordinance.
A.
Pumping Test Requirements
1. Prior to the test, the well must be fully developed.
2. Physical or chemical alteration of geologic materials or structures (e.g.,
hydraulic fracturing, use of explosives, or addition of chemicals) to increase
yield will not be permitted.
3. The air-lift test may be conducted whenever water from precipitation is not
flowing over the ground surface. A three (3) week delay in testing will be
enforced whenever two inches (2”) of rain have been recorded within a ten
(10) day period in the location of the well to be tested.
4. Upon the cessation of pumping, the water level shall be measured after every
fifteen (15) minutes for the first hour, and then every two (2) hours until ninety
percent (90%) of the pre-test static water level is achieved (full recovery). If
the well does not fully recover to within ninety percent (90%) of the pre-test
static water level after twenty-four (24) hours it will be considered a nonsustainable source of water.
5. In addition if an individual well does not meet the minimum >3 gpm yield
requirement as specified in part A of this Section, then the water supply
system (i.e. borehole + storage/pressure tank) must provide a reservoir of
360 gallons (equivalent to the regional MDD). In addition, the well must be
capable of supplying enough water to refill the reservoir within a 24-hour
period.
B.
Reporting Requirements
No extraordinary reports will be required for the approval of individual wells other
than the completion logs and forms necessary for permitting. Reporting forms shall
be obtained from the Berkeley County Engineering Department.
Subdivsion Ordinance
Berkeley County, West Virginia
4-15
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Section 402.4.3
HIGH DENSITY INDIVIDUAL WELLS, SMALL (< 50 GPM)
NONRESIDENTIAL WELLS, AND SMALL (<50 GPM)
COMMUNITY WELLS
This material shall apply to all individual residential wells in subdivisions where there
are fifteen (15) or more (regardless of lot size) and non-residential or community
wells rated at less than 50 gpm yield.
A.
Hydro-geological Study
A hydro-geologic report for subdivisions will examine the local hydrogeologic
conditions and the relationship between the proposed land use and those conditions.
The analysis and report will focus on the groundwater quantity and quality as they
relate to the requirements of the proposed subdivision and the potential impacts the
subdivision may have on the water resources. A hydrogeologic report shall be
required prior to a preliminary subdivision submission regardless of whether it is
planned for individual or community wells.
At a minimum, evaluation shall encompass the area within approximately one
thousand foot (1,000’) radius from each and all proposed well(s). Such evaluation
shall include the following:
1.
2.
3.
4.
5.
USGS and Berkeley County geologic and topographic information
including USGS fracture trace data.
Property plats and aerial photographs.
Existing Berkeley County Health Department well data or descriptive
statistical summary of the same. (e.g. minimum, maximum and mean
of well data, etc.)
Geologic maps and data reports (well logs, water quality analysis,
geologic information).
Proposed pumping test plan (Note - this shall only apply if the
subdivision’s water will be provided by single or multiple community
wells).
Using the background information compiled previously, conduct an evaluation of the
site hydrogeology and the occurrence, quality, and quantity of groundwater. The
quantity must meet the conditions of part A of this Section and quality must conform
to requirements of West Virginia Department of Health.
These data and
conclusions shall be compiled into a hydro-geological report.
Subdivsion Ordinance
Berkeley County, West Virginia
4-16
Draft with CC approval – April 2009
Article 4 – Plan Requirements
B.
Pumping Test Requirements (Applies to community wells ONLY;
Individual wells shall be exempt from this requirement)
Wells shall be installed and tested to provide evidence that the hydrogeologic
system is capable of furnishing and sustaining the potable water needs of the
eventual inhabitants of the proposed development as follows:
(Applies to both residential and non-residential wells)
1. Prior to the test, the well must be fully developed. Preliminary yield estimates
should be determined using standard air-lift methods.
2. Physical or chemical alteration of geologic materials or structures (e.g.,
hydraulic fracturing, use of explosives, or addition of chemicals) to increase
yield of test wells will not be permitted prior to the pumping test.
3. The aquifer test may be conducted whenever water from precipitation is not
flowing over the ground surface. A three (3) week delay in testing should be
enforced whenever two inches (2”) of rain have been recorded within a ten
(10) day period in the location of the well to be tested. No production from the
well will be allowed for twenty-four (24) hours prior to the pumping test.
4. Water pumped from the well shall be discharged at least fifty feet (50’) from
the well so that it does not enter the ground and “short-circuit” the aquifer. If
this cannot be accomplished safely, or the water will be directed onto an
adjoining property, then a temporary water storage method (tank) must be
provided.
5. The test shall be conducted using a submersible pump, and the discharge will
be monitored using a calibrated flowmeter.
6. The pumping rate shall be controlled so as to maintain a constant discharge
rate and allow pumping water levels to stabilize at some point in the test.
7. The test shall be at least twenty-four (24) hours in duration at a constant
pumping rate.
8. In the event an accurate totalizing flowmeter cannot be used (e.g. if the flow
from the well is less than 3 – 4 gpm) the tester can determine the flow rate by
obtaining the time to fill a container of known volume. The number of seconds
to fill the container, and the exact time of day each such measurement is
taken shall be recorded every hour.
9. Water levels shall be measured every fifteen (15) minutes during the first hour
of pumping, and hourly for the next seven (7) hours. All water levels
measurements must be recorded with the exact time of day the measurement
was taken.
10. Upon the cessation of pumping, the water level shall be measured after every
fifteen (15) minutes for the first hour, and then every two (2) hours until ninety
percent (90%) of the pre-test static water level is achieved (full recovery). If
the well does not fully recover after twenty-four (24) hours it will be
considered a non-sustainable source of water.
Subdivsion Ordinance
Berkeley County, West Virginia
4-17
Draft with CC approval – April 2009
Article 4 – Plan Requirements
11. The allowable (or permitted) yield of the well shall be total gallons pumped
divided by the duration of the test in minutes, provided that full recovery
occurs within the following twenty-four (24) hour recovery period.
C.
Individual Wells
1. Approval of subdivisions with fifteen (15) or more lots will not require wells to
be drilled in advance; however a use and occupancy (U & O) permit will not
be issued until the well has been approved by the County Health Department
and has been shown to meet the requirements of this section of the
ordinance.
2. If an individual well does not meet the minimum > three (3) gpm yield
requirement as specified in the part A of this Section, then the water supply
system (i.e. borehole + storage/pressure tank) must provide a reservoir of
three hundred and sixty (360) gallons (equivalent to the regional MDD). In
addition, the well must be capable of supplying enough water to refill the
reservoir within a twenty-four (24) hour period.
D.
Sustainable Yield Evaluation (Individual wells shall be exempt from this
requirement). Data analysis shall include an analysis of sustainable
yield of the aquifer and well based upon the following:
•
•
E.
Extrapolation of drawdown to one hundred and eighty (180) days.
Significant adverse impacts (quality or quantity) on neighboring wells and
springs.
Reporting Requirements
The principal reporting requirement shall be:
1. The hydrogeologic report, and
2. The pumping test report, which must be made available prior to preliminary
plat approval. (Individual wells are exempt from this requirement).
Section 402.4.4
WELL PROVING REQUIREMENTS: COMMUNITY WELLS
AND HIGH PRODUCTION NON-RESIDENTIAL WELLS (>50
gpm)
This section shall apply to community wells and non-residential wells rated at yields
of greater than fifty (50) gpm. This yield shall be either based on single wells, or the
cumulative yield of a production well field, where the wells are all within the same
aquifer or hydrologic unit.
NOTE: Before starting construction, a location map of the proposed new wells and
any related construction shall be submitted to the WVDEP in the appropriate
Regional office for a determination as to whether that construction requires any other
Subdivsion Ordinance
Berkeley County, West Virginia
4-18
Draft with CC approval – April 2009
Article 4 – Plan Requirements
permits, such as for disturbance of protected streams or springs, protected
freshwater wetlands, or for storm water runoff from a construction site. Other factors
to consider when siting a project include flood plain location, agricultural districts,
conceptual wellhead protection/recharge areas, existing or potential groundwater
contamination sources, and existing sub-surface utility corridors (whose bedding
might provide a preferential path for groundwater flow or contamination).
A.
Hydro-geological Study
A hydro-geologic report/water supply assessment for subdivisions will examine the
local hydrogeologic conditions and the relationship between the proposed land use
and those conditions. The testing will focus on the groundwater quantity and quality
as they relate to the requirements of the proposed subdivision and the potential
impacts the subdivision may have on the water resources. A hydrogeologic report
shall be required prior to a preliminary subdivision submission.
At a minimum, evaluation shall encompass the area within an approximate ¼-mile
radius from each proposed well. Such evaluation shall include the following:
1. USGS and Berkeley County geologic and topographic information, including
fracture trace analysis data available from the USGS.
2. Property plats and aerial photographs.
3. Existing Berkeley County Health Department well data or descriptive
statistical summary of the same. (e.g. minimum, maximum and mean of well
data, etc.)
4. Geologic maps and data reports (well logs, water quality analysis, geologic
information including karst features, bedrock outcrops, etc.).
5. At sites with bedrock outcrops, fracture orientations (strike and dip
measurements) shall be measured and documented in the report. The
number and orientations of linear features or photo lineaments shall be
analyzed and correlated with documented bedrock fractures.
6. A proposed pumping test plan.
Using the background information compiled previously, conduct an evaluation of the
site hydrogeology and the occurrence, quality, and quantity of groundwater. These
data and conclusions shall be compiled into a hydro-geological report.
B.
Pumping Test Requirements
Wells shall be installed and tested to provide evidence that the hydrogeologic
system is capable of furnishing and sustaining the potable water needs of the
eventual inhabitants of the proposed development. Well construction and testing
shall be performed in accordance with the West Virginia Department of Health and
the Berkeley County Health Department.
Subdivsion Ordinance
Berkeley County, West Virginia
4-19
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Prior to the commencement of any drilling or pumping tests, a pump test plan will be
required to obtain preliminary approval for well development. The pump test plan
should contain location, construction, and purpose of at least two (2) or more
monitoring wells. It shall also include the planned pumping rate, duration, and
frequency of monitoring. A minimum test shall include:
1. Test Pumping Rate - The pump test must be performed at or above the pumping
rate for which approval will be sought in the water supply application. If multiple wells
are to be pumped simultaneously to achieve the necessary yield, the test shall
incorporate such a pumping plan. To reproduce the anticipated stress on the aquifer,
the pump test shall be done when any nearby wells normally in operation are
running. Pumping of other wells in the test area shall be monitored.
A constant pumping rate should be maintained throughout the test. The pumping
rate should be measured accurately and recorded at least as often as water level
measurements (see No. 5 of this section, Measuring Schedule).
During the first hour of the test, any failure to pump within ten percent (10%) of the
test pump rate for any reason will require termination of the test, recovery of water
levels to static, and a restart of the test. Later pump failures must have no significant
effect on the data or a similar termination and restart is necessary
2. Length of Test - Regardless of the type of aquifer, pump tests shall be conducted
for a minimum of seventy-two (72) hours at a constant pumping rate.
(a) A minimum of six (6) hours of stabilized drawdown must be displayed at
the end of the test. Stabilized drawdown is defined herein as a water level
that has not fluctuated by more than plus or minus 0.5 foot for each one
hundred feet (100’) of water in the well (i.e., static water level to bottom of
well) over at least a six (6) hour period of constant pumping flow rate. The
plotted measurements shall not show a trend of decreasing water level.
(b) If stabilized drawdown is not achievable, the test period may be extended
or semi-log extrapolation of drawdown versus time (or other similar methods)
may be employed to demonstrate the ability of the aquifer to supply a
pumping rate equal to the desired yield (which must be equal to or less than
the pump test yield) on a long term basis. Normally, an extrapolation of six (6)
months of pumping with no assumed recharge must be compared against the
level of water remaining above the pump intake at the end of the period (see
paragraph No. 12 of this section, Analysis of Pump Test Data). This type of
evaluation may be used in lieu of satisfying the objectives of section 2(a) of
this document at the discretion of the County Engineer.
(c) Excessive rainfall may require extension of the test or a rescheduling of
the test.
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Berkeley County, West Virginia
4-20
Draft with CC approval – April 2009
Article 4 – Plan Requirements
3. Pre-Test Conditions - No pumping should be conducted at or near the test site
for at least 24 hours prior to the test (including the step-drawdown test). Static water
levels at the pumping well and observation wells should be measured at least daily
for one (1) week prior to the start of the test and again immediately prior to the start
of the test. If on site or nearby pumping cannot be curtailed due to system supply
needs or other factors, the County Engineer should be consulted prior to the start of
the test.
4. Discharge of Water - Water discharged during the pump test should be
conducted away from the pumping well to a nearby stream or surface water body if
possible, or as far from the well as is practicable.
5. Measuring Schedule - Water levels in observation wells and at the pumping well
should be measured to give at least ten (10) observations of drawdown within each
log cycle of time, beginning one (1) minute after the start of pumping. A suggested
schedule of measurements at all wells is as follows.
Table 4-2
Time intervals for water level measurements
Time After Pumping Started Time Intervals
O to 15 minutes
1 minute
15 to 50 minutes
5 minutes
50 to 100 minutes
10 minutes
100 to 500 minutes
30 minutes
500 to 1000 minutes
1 hour
1000 to 5000 minutes
4 hours
6. Observation Wells - At least two (2) observation wells or piezometers should be
monitored during the pump test. The observation wells should be placed so as to
best define the hydrogeologic characteristics of the aquifer with respect to the
pumping well. In some cases the Engineering Department may recommend that a
representative sample of nearby homeowner wells be monitored during the pump
test, regardless of whether the anticipated zone of influence will extend to those
wells or not. Existing wells may be used as observation wells.
Water levels in nearby water bodies (streams and springs) should be measured prior
to and during the test.
7. Recovery Period - Water level measurements should be collected during the
recovery period for all wells using the same procedure and time pattern followed at
Subdivsion Ordinance
Berkeley County, West Virginia
4-21
Draft with CC approval – April 2009
Article 4 – Plan Requirements
the beginning of the pump test (see No. 6.) Measurement should commence at least
one (1) minute prior to shutdown of the pumping well and continue for at least twelve
(12) hours. Water level measurements should be made to the nearest 0.01 foot. To
obtain accurate data during the recovery period, a check valve must be installed at
the base of the pump column pipe in the pumping well to eliminate backflow of water
into the well. Water level measurements should also be collected during the
recovery period in all off-site monitoring wells, such as homeowner’s private wells.
8. Rainfall Measurement - Rainfall should be measured to the nearest 0.01 inch
and recorded daily at or near the site for one (1) week preceding the pump test,
during the test, and during the recovery period. A log of weather conditions during
this period should also be kept, including barometric pressure recorded on the same
schedule as rainfall. Weather station data available from within a reasonable
distance of the test site can be utilized.
9. Surface Water Measurements - Fluctuations in surface water stages (or flow) for
all surface waters within one thousand feet (1000’) of the pumping well should be
measured to the nearest 0.01 foot. Measurements should be made using, as
appropriate: weirs, staff gages (with stilling wells as necessary), nested piezometers,
etc. The horizontal distance between each observation point and the pumping well
should be measured to the nearest 0.1 foot. The vertical elevation of a fixed
reference point on each observation point should be established to the nearest 0.01
foot and reported in North American Datum 1983 (NAD 1983). Measurements
should be read and recorded at least once daily for one (1) week prior to the start of
the test and at least twice per log cycle, after the first ten (10) minutes, for the
duration of the test. Measurements should be made more frequently if surface water
levels are changing rapidly. The degree and nature of hydraulic connection with the
surface water body should be quantified.
10. Water Quality Samples - Comprehensive (per WV DHHR requirements) water
samples should be obtained from the pumping well during the last hour of pumping.
Samples should be analyzed to establish acceptable quality as per WV DHHR
requirements.
11. Wells Under the Influence of Surface Water - Additionally, If the pumping well
is, or may be, hydraulically connected to a surface water body, water samples from
the well should be analyzed in the field at least once every four (4) hours for the
following parameters: pH, temperature, conductivity, and hardness. Further,
representative water samples from the surface water body should be taken at both
the beginning and the end of the pump test and analyzed for the same parameters.
The WV DHHR should be consulted on all issues related to groundwater under the
influence of surface water.
12. Analysis of Pump Test Data - In order to accurately analyze pump test data, it
is necessary to use the methods and formulae appropriate for the hydrogeologic and
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
test conditions encountered at, and specific to, the pump test site. Knowledge of the
hydrogeologic conditions of the area is necessary in order to ensure the use of
appropriate techniques of analysis. Accordingly, analysis of pump test data should
be carried out by a hydrogeologist, professional engineer or geologist with
hydrogeologic training, or another appropriately trained evaluator.
(a) Data Corrections - Water level data, graphs, and interpretations should
be corrected, as appropriate or deemed significant, for the effects of: ambient
water level trends; partially penetrating production well(s); partially
penetrating observation wells; delayed yield from unconsolidated aquifers;
aquifer thickness, recharge and/or impermeable boundaries; barometric
pressure changes; changes in stage in nearby surface water bodies
(including springs); recharge events (rainfall, snow melt) during the week
preceding the test, during the test, or during the recovery period; influence
from nearby pumping wells; and any other hydrogeologic influences. All such
data and calculations should be included in the test information package.
(b) Theoretical time-drawdown graphs should be prepared from the recorded
drawdown graphs. The graphs should be derived from the pump test data,
setting time equal to one hundred eighty (180) days and groundwater
withdrawal equal to the pump test production rate. Based on these graphs
and the remaining standing water in the well at the end of the pump test, a
maximum safe pumping rate (yield) should be established for each production
well or for the well field if simultaneous pumping of multiple production wells is
planned (taking into account well interference).
(c) Theoretical distance-drawdown graphs should be prepared. The graphs
should be derived from the pump test data, setting time equal to one hundred
eighty (180) days and groundwater withdrawal equal to the pump test
production rate. It is highly recommended that the following wellhead
protection areas be delineated using all available information (e.g., published
hydrogeologic information, local knowledge, pump test results, etc.) and best
professional judgment: zone-of contribution area or recharge areas (for
confined or bedrock aquifers), and aquifer boundary area.
(d) Recovery data should be analyzed in a similar manner to drawdown data.
13. Submission of Data - Data submitted in support of a requested groundwater
withdrawal should include:
•
the raw pump test data (legible) with: date, clock time, elapsed time
(minutes), measuring point (top of casing) elevation, static water level, water
level measurements, and calculated drawdown [an "Excel" or "Quattro Pro"
spreadsheet file may be submitted with this data in place of a written record];
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
•
•
•
•
•
•
•
engineering diagrams showing construction details (e.g. well casing, screen
setting and casing stickup, etc.) and depths of pumping wells and observation
wells;
geologic logs (completed well registration reports);
transmissivity, storage coefficient, and safe yield, as well as all graphs,
formulae and calculations used to estimate these values;
scaled site plan showing water level elevation controls (e.g., top of casing)
and grade elevation for all wells, staff gages and other water measuring
points, pump test discharge piping and discharge point, the location of nearby
surface water bodies, and, if applicable, the one hundred (100) year flood
plain and elevation;
latitude and longitude (in degrees, minutes, seconds, tenths of second), State
Plane Coordinates, or Univeral Transverse Mercators (UTMs) for all
production wells and any observation wells which are to remain, preferably in
NAD83 (specify the method and datum used to locate the wells);
a topographic map showing wellhead protection areas and the locations of
existing or potential groundwater contamination threats; and
Interpretations including methodology, geologic sections of the area,
references, and rationale.
All documentation submitted must be legible. Plans and maps should use shading,
cross-hatch patterns, symbology, etc., such that features are readily distinguishable
and remain readable when photocopied in black and white.
14. Discharge of Water - Please note it is not legal in the State of West Virginia to
discharge water into any water body or wetland if such discharge results in turbidity
or erosion leading to turbidity or down stream flooding. Accordingly, if it is anticipated
that discharged water will create flooding, erosion and/or turbidity, water must be
directed to a holding area and released in a controlled manner to prevent such
problems.
C.
Sustainable Yield Evaluation
Data analysis shall include an analysis of sustainable yield of the aquifer and well
based upon the following:
• Recharge to the site under normal and drought conditions.
• Extrapolation of drawdown to one hundred eighty (180) days without
significant recharge.
• Significant adverse impacts (quality or quantity) on neighboring wells and
springs.
D.
Delineation of Contributing Areas
The delineation of recharge zones and contributing areas to a community water
supply well requires the application of appropriate geologic information and methods
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
to assess ground water flow and the influence of boundary conditions. Unless the
aquifer is homogeneous and isotropic and no near-field boundary conditions are
present, analytical methods (e.g., Wellhead Protection Areas (WHPA), stagnation
point calculations) will not provide realistic results. For most semi-confined, fractured
bedrock wells, surface water bodies provide positive (recharge) boundaries, and the
edges of the water-bearing unit provide negative (barrier) boundaries. These
conditions influence the contributing area significantly, and cannot be adequately
simulated by common analytical methods.
A Certified Geologist or Hydro-geologist who is familiar with the conditions at the
well site shall perform the delineation. The goal of wellhead delineation is to provide
the public water supplier with an area that is most likely to provide recharge to the
well. This area must be reasonably sized, and appropriate to the anticipated yield of
the well.
E.
Reporting Requirements
The principal reporting requirement shall be:
1. The hydrogeologic report, and
2. The pumping test report, which must be made available prior to preliminary
plat approval.
Section 402.5
Sensitive Areas
Section 402.5.1
Application
The following applications or permits as required by this Ordinance shall also
comply with the additional identification and design requirements below.
1.
Applications for approval of Major Subdivisions or Sketch Plans.
Section 402.5.2
Identification of Sensitive Areas
All applications subject to this section shall include the following information
on a scale drawing. The relationship between the following features and the
proposed use or construction shall be clearly shown in addition to a Phase 1
Environmental Study:
1.
2.
3.
Location of streams, sinkholes and springs.
The boundaries of any flood plain as defined in the Berkeley County
Floodplain Management Ordinance. (Appendix F).
Areas of severe slope, defined as greater than 1 ½’ horizontal to 1’
vertical (66.6%).
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Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
4.
5.
6.
7.
Location of current or proposed pedestrian trails, on or adjacent to the
subject site.
Location of Registered State or National historic sites.
Significant Karst features.
Areas that have been polluted, contaminated, or areas that pose a
human health/safety risk.
Section 402.5.3 Design Requirements
If any of the features listed above exist on the subject property, the following
additional requirements shall apply:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Stream buffers shall be provided in the manner as described below.
Use of the floodplain shall be governed according to the Berkeley
County Floodplain Ordinance.
Identification of severe slopes shall be in the manner as described
below.
Identification of wetlands shall be in the manner as described below.
Where it has been documented by the U.S. Fish and Wildlife Service
that threatened or endangered species exists on the site, the applicant
shall provide evidence of that determination and demonstrate that the
permitted activity will not disturb the habitat area. The applicant must
also demonstrate compliance with any other applicable restrictions
imposed by the U.S. Fish and Wildlife Service.
If known or suspected contaminated areas are identified, the applicant
must document that the contamination will have no effect, currently or
in the future, on the use requested.
The location of all sinkholes shall be shown on the existing
conditions scale drawing, included with the preliminary plan
submission. The edge of the sinkhole is to be considered the last
closed contour based on two foot (2’) contour mapping.
All sinkholes identified prior to construction shall be either
remediated or separated from construction by a minimum fiftyfeet (50’).
Remediation shall be carried out under the direction of a qualified
Professional Geologist or Geotechnical Engineer. Mitigation shall
be carried out according to the WVDEP Sinkhole Management
Guidance Document (August 2005 et. seq.), or other applicable
standards as recommended by the PG or PE and approved by the
County Engineer.
Any improvements planned to fall within one hundred feet (100’)
of any sinkhole (remediated or not), shall require a thorough
subsurface investigation conducted by a qualified PG or PE to
ensure that the planned improvements do not present a threat to
human health, safety, or the environment.
Should these
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11.
12.
investigations detect previously unknown sinkhole features,
paragraph 8 applies.
For any subsurface investigations requiring boreholes, such as
air track drilling or rock coring, the boreholes must be grouted
upon completion.
All air track drilling operations used to
determine the depth of overburden and continuity of bedrock
shall be monitored full-time by a PG or PE or other qualified
individual as defined by the Ordinance.
Underground utilities located within one-hundred feet (100’) of a
karst feature, then a dike of clay or other suitable material shall be
placed across the trench at twenty-foot (20’) intervals or less
along the entire length which passes through the one hundred
foot (100’) radius, or as directed by a PG or PE.
Section 402.5.5
Stream Buffers
Where an application contains any portion of a perennial or intermittent
stream, a buffer shall be established and shown on the plan. The width of the
buffer shall be a minimum of thirty-five feet (35’), measured from and
perpendicular to the top of the stream bank. The buffer shall be expanded to
include any floodplain determined by the Floodplain Ordinance, any field
verified non-tidal wetland areas and/or any area of severe slope as defined in
this Ordinance.
Within the stream buffer vegetative ground cover shall be maintained at all
times. The U.S. National Resources Conservation Service (NRCS) may
recommend planting species and methods when no ground cover exists in
the buffer or additional planting to improve existing ground cover. No
permanently affixed building shall be permitted within the stream buffer
except those designed to improve water quality in the stream or structures
such as fences designed to limit access to the stream. No septic system shall
be constructed within the buffer nor shall any septic reserve area be
established within the buffer.
Section 402.5.6
Severe Slope
These provisions shall apply to all land development as defined in the
Berkeley County Subdivision Ordinance.
Identification of severe slopes shall be established by the applicant at the
time of application.
Severe slopes shall consist of all land which has a natural slope of 1 ½’
horizontal to 1’ vertical (66.6%) or greater. The natural slope of an area shall
be determined by calculating the distance between field verified contours.
The horizontal run shall be measured at right angles to the natural contours.
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Section 402.5.6.1 Verification of severe slope delineation
Where the applicant has provided a determination of the severe slope the
County Engineer shall verify the accuracy of the boundary. The Planning
Commission, upon recommendation by the County Engineer, may render
adjustments to the boundary delineation in order to comply with this
Ordinance.
Section 402.5.7
Wetlands
At the time of applications, wetlands shall be verified through a
Jurisdictional Determination by an Army Corps of Engineers
representative, and all wetlands boundaries surveyed. If there are no
wetlands present onsite, a letter stating such shall be submitted from a
qualified third party.
Wetland boundaries shall be established as a buffer area of fifteen feet (15’)
along any delineated wetland and shall be based on a wetland investigation
and a Jurisdictional Determination conducted by an Army Corps of
Engineers representative.
Comprehensive Plan maps related to flood plains and other general soils and
hydric soils information may be used as a reference for determining the
general location of major wetland areas. Final wetland delineations shall be
through a jurisdictional determination by the U. S. Army Corps of Engineers.
Wetland disturbance shall be permitted. However, the US Army Corps of
Engineers must approve any such disturbance.
Section 402.5.7.1 Standards
1.
In all applications, wetlands shall be shown on a drawing indicating
their location and measurement in accordance with the above
standards.
2.
A conservation easement covering the wetlands shall be provided on
the plan, or approved mitigation plans shall be submitted.
Section 403. Final Plat
Section 403.1. General
The Final Plat shall be legibly drawn on a material required by the Clerk of the
County Commission and clearly labeled “Final Plat”. The scale shall be one hundred
feet (100’) or less to the inch and the size of the sheet shall be twenty-four inches
(24”) by thirty-six inches (36”), including a one and one-half inch (1 ½”) left margin
for binding. When more than one sheet is required, an index sheet of the same size
shall be submitted showing the entire land development drawn to scale. In addition,
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one (1) electronic media formatted copy shall be required. Please reference the
Berkeley County Digital Data Submission Standards Policy.
Section 403.2. Required Information
a.
The Final Plat shall show:
1.
The location of the proposed development by inserting on the
plat, a location vicinity map at a scale of no less than six
hundred feet (600’) and no greater than one thousand feet
(1000’) to the inch indicating the location of the property with
respect to surrounding property and streets. The map shall
show all streets and property within one thousand feet (1,000’)
of the applicant’s property.
2.
A title block as part of the standardized cover sheet as
prescribed by the Berkeley County Planning Commission Staff.
3.
Names and location of adjoining subdivisions, if any, and
location and ownership of adjoining unsubdivided property along
with deed book and page number, tax map and parcel number.
4.
A north arrow referencing true and magnetic north. Final plats
with north referenced to the State Plane North Coordinate
System must include, in addition to references to true and
magnetic north, coordinate values located at the end points of
the longest perimeter boundary line.
5.
The name, address, and telephone number of the owner or
applicant.
6.
The name, address and seal of the West Virginia registered
professional civil engineer or registered professional surveyor
responsible for the preparation of the plat, and certification that
the plat represents a survey made by him and that all
monuments shown thereon actually exist, and that their location,
size and material are correctly shown.
7.
All plat boundary and proposed lot lines labeled with length of
courses to hundredths of a foot and bearings to the nearest
second. Boundary lines shall be determined by an accurate field
survey. The data for all curves shall be shown in detail at the
curve or in a curve data table containing the following: radius,
delta, arc, tangent, chord and chord bearing.
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8.
Provide site data for subdivision including tax map, parcel
number, deed book/page reference. Include number of lots,
gross density and acreage of storm water management areas
and access to them and open space.
9.
Bearings and distances of established street boundaries and
easements.
10.
The accurate location and type of material of all existing and
proposed permanent reference monuments. The plan shall be
tied to the State of West Virginia State Plane North Coordinate
System.
11.
When the Final Plat under review is a re-plat of a subdivision of
record, there shall be shown the following statement on the
Final Plat with the applicable entries made thereon:
This is a replat of __________________________________
(name of subdivision)
recorded on
, in Plat Book #
,
(date of recordation)
Page #
, owned by
at
(name)
time of recordation.
_____________________________
Signature of Present Owner
12.
In the case of a re-plat of a subdivision of record, dotted or
dashed lines shall be used to show the features or locations to
be abandoned and solid lines to show the currently proposed
features or locations.
13.
The exact layout for the Land Development, including:
i.
Street and alley lines; their names, bearings, lengths and
widths, including widths along the line of any obliquely
intersecting street.
ii.
All restrictive easements or rights-of-way, when provided
for or owned by public utilities, with the limits of all
easement areas shown and stated on the plat.
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iii.
Coverage, density and parking calculations.
iv.
A note referencing the current deed(s) in the chain of title
including grantor(s) and grantee(s), date and recording
reference(s).
14.
Show floodplains as depicted on current Federal Emergency
Management Agency (FEMA) FIRM or as indicated by a flood
plain study and, where applicable and available, bearings and
distances of flood plain easements.
15.
If individual water supply systems are to be provided, the
location of the well as being one hundred feet (100’) distant from
any septic system and ten feet (10’) distant from any property
line is required.
If individual sewage disposal systems are to be provided,
location of required septic reserve areas and the location and
extent of area or areas suitable for septic tank filter fields as
approved by the West Virginia Department of Health shall be
shown.
16.
Lots shall be numbered in numerical order throughout the entire
subdivision.
17.
Area of each lot to the nearest square foot.
18.
All building setback lines and any other setback lines or street
lines established by public authority and those stipulated in the
deed restrictions.
19.
Accurate outlines and acreages of any areas to be reserved or
dedicated for common use by the residents of the Land
Development, or for the general public use with the purposes
indicated thereon.
20.
The following statement shall be included, as applicable: “The
Soil Survey of Berkeley County, West Virginia indicates a
seasonal high water table on lots
to be less than five
feet (5’) below the surface and therefore basement construction
is not recommended for those lots.”
21.
Provide and sign Owner’s Certification block, (example provided
by the Berkeley County Planning Department).
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22.
The remediated and un-remediated sinkholes and setbacks
shall be shown.
23.
A certificate for roadway widening reservation as follows: “ I
hereby certify that areas shown hereon reserved for future
roadway widening shall be conveyed to WV Department of
Highways at the time of roadway widening without any
compensation. This agreement shall be binding upon all my
assignees or heirs.
________________________
Developer
b.
_____________
Date”
The Final Plat shall be accompanied by:
Copies of the Declaration of protective covenants and restrictions,
pursuant to the provisions of Chapter 32B, West Virginia Code, as
approved by the Planning Commission legal counsel, in a form
appropriate for recordation, including covenants governing the
maintenance of public spaces, common area or reservations, and
copies of approved provisions for maintenance and operation of
facilities, if applicable, including the storm water management
maintenance agreement.
c.
Electronic Media Required Format:
Please reference the Berkeley County Digital Data Submission Policy
Document.
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22.
The remediated and un-remediated sinkholes and setbacks
shall be shown.
23.
A certificate for roadway widening reservation as follows: “ I
hereby certify that areas shown hereon reserved for future
roadway widening shall be conveyed to WV Department of
Highways at the time of roadway widening without any
compensation. This agreement shall be binding upon all my
assignees or heirs.
________________________
Developer
b.
_____________
Date”
The Final Plat shall be accompanied by:
Copies of the Declaration of protective covenants and restrictions,
pursuant to the provisions of Chapter 32B, West Virginia Code, as
approved by the Planning Commission legal counsel, in a form
appropriate for recordation, including covenants governing the
maintenance of public spaces, common area or reservations, and
copies of approved provisions for maintenance and operation of
facilities, if applicable, including the storm water management
maintenance agreement.
c.
Electronic Media Required Format:
Please reference the Berkeley County Digital Data Submission Policy
Document.
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3.
Name, location and width of right-of-way of adjacent roads
4.
Name and location of any adjacent subdivisions whether approved or
in progress, (provided by the Berkeley County Planning Staff, after
1st submission if needed), and Berkeley County Planning
Commission File # for each.
5.
Tax map information, current land use and property owners for all
adjacent properties, north arrow with the basis of north.
6.
Location of proposed storm water management facilities and type of
facility.
7.
Types of utilities proposed
8.
Name and address of preparer
9.
Topography at ten foot (10’) intervals and conditions including soil
types, floodplain lines, wetlands and other natural features, as shown
on the USGS Quadrangle maps or other mapping products for the site
and one-hundred feet (100’) from the site boundary.
10.
Location and description of any proposed recreational or open space
uses
11.
Existing sensitive areas which may impact the site’s development
potential.
12.
Existing built features and infrastructure and their proposed eventual
disposition (i.e., to be razed, removed, maintained or converted to
another use).
13.
Preliminary calculations of impervious coverage, density, area of nonresidential uses, and parking requirements.
14.
The proposed name of the land development, which shall not duplicate
or closely approximate the name of any other land development in the
County or its close proximity.
15.
Developments that propose more than fifteen (15) dwelling units, shall
obtain and complete a “Planning Commission Public School Impact
Form”, which is available at the Planning Commission office.
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16.
Average Daily Traffic estimates (ADT) at each proposed point of
access.
17.
Prospective street layout providing access to the remainder of the
property when the land development covers only part of the owner’s
entire holdings.
18.
Statement on the plat whether the property lies within a one hundred
(100) year floodplain, (Appendix C) including Flood Insurance Rate
Map (FIRM) map panel, number and date.
19.
A completed Environmental Impact Checklist, Appendix C contained
herein.
Section 401.4.
Environmental Considerations:
The Sketch Plat shall identify known environmental features, such as wetlands (as
per National Wetlands Inventory Maps), wet and intermittent streams, forested
areas, sink holes, caves, springs, severe slopes, soil types and the general location
of any other significant geological or other feature.
If development is proposed on a site which was previously used for an activity which
may pose a potential public health risk due to the presence of residual toxins,
chemical contaminants or heavy metals such as arsenic, then the Sketch Plat shall
state that the development of the site will comply with all applicable guidelines and
standards for the reuse and redevelopment of environmentally compromised sites,
as established by the West Virginia Department of Environmental Protection, The
Federal Environmental Protection Agency or any other governing state or federal
authority.
As per the West Virginia Department of Environmental Protection, the Applicant is
cautioned that any property having an agricultural history is subject to enhanced
scrutiny of its environmental suitability for residential or commercial redevelopment.
The Department of Environmental Protection advises that the Applicant exercise all
due diligence in researching land use history of property proposed for
redevelopment, and advises that “due diligence” shall be interpreted to mean the
compilation of information relating to past uses of a property as far back in time as
the existence of written documentation shall allow.
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Section 402. Preliminary Plat
Section 402.1 General
The preliminary plat shall be submitted by the Applicant on durable paper and shall
be clear, legible and in accordance with the Berkeley County “Standardization of
Major Subdivision/Land Development Plans”. The scale shall be one hundred feet
(100’) or less to the inch and the size of the sheets shall be twenty-four (24) by thirtysix inches (36”), including a one and one half inch (1 ½”) margin for binding along
the left edge. When more than one sheet is required, an index sheet of the same
size shall be submitted showing the entire subdivision drawn to scale. The
preliminary plat shall be labeled “PRELIMINARY PLAT” in large letters. In addition,
one (1) electronic media formatted copy shall be required. Please reference the
Berkeley County Digital Data Submission Standards Policy.
Section 402.2 Required Information
The preliminary plat shall show or be accompanied by the following information:
a.
General
1.
Location map at a scale of no less than six hundred feet (600’)
to one inch (1”) indicating the location of the property with
respect to surrounding properties and streets. The location
map must be drawn at a scale which allows local street names,
landmarks, and other geographic information to be easily read
and understood. The map shall show all streets and property
within one thousand feet (1000’) of the exterior property of the
development site.
2.
The names of all adjoining property owners and current land
uses with deed reference and tax map description, and/or the
names and locations of any adjacent residential subdivisions,
current or proposed, with the Berkeley County Planning
Commission File #.
3.
The proposed name of the land development, which shall not
duplicate or closely approximate the name of any other land
development in the County or its close proximity.
4.
The name and address of the owner or owners of the land to be
subdivided or developed, and the name and address of the
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Applicant, if different from the owner.
5.
A letter from the owner, if different from the Applicant,
authorizing the Applicant to act as his agent with full authority.
6.
The name and address of the registered engineer, land
surveyor certified in the State of West Virginia responsible for
the preparation of the plat, and the name and address of the
registered engineer certified in the State of West Virginia
responsible for the preparation of the plans for the required
improvements.
7.
North arrow (with basis of north), scale and date.
8.
Title block; location of tract by tax district, map, parcel, deed
book and page number.
9.
A surveyor's certification block certifying to the exterior property
lines of the property being developed.
10.
Computation of total area (acreage) of the land development
proposed (including all open space, conservation easements,
storm water management areas, residue, lot area(s), gross
density per acre and rights-of-way).
11.
If the Preliminary Plat proposes a phase or section of a larger
development, then submit a sheet in the plat set which shows
the entire development, including the current phase or section
and all existing and future phases or sections.
12.
When the preliminary plat under review is a re-plat of a
subdivision of record, there shall be shown the following
statement on the preliminary plat with the applicable entries
made thereon:
This is a replat of_____________________________________
(name of subdivision)
recorded on
, in Plat Book #
,
(date of recording)
Page #
, owned by
at
(name of owner)
time of recording.
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Article 4 – Plan Requirements
_____________________________
Signature of Present Owner
b.
13.
In the case of re-plat of a subdivision of record, dotted or
dashed lines shall be used to show the features or locations to
be abandoned and solid lines to show the currently proposed
features or locations.
14.
Date of plat preparation and dates of any subsequent revisions
to the plat made during the review process, if any.
15.
A completed Engineering Preliminary Plat Checklist, as
provided by the County Engineer and Planning Preliminary Plat
Checklist, as provided by the County Planning Commission.
Site Data
Site data shall include the following:
1.
Subdivision boundaries with distances, including entire area
proposed to be subdivided or developed and remainder of the
tract in the same ownership; all existing restrictive easements
rights-of-way and the purpose for which such easements and
rights-of-way have been established; plus any parks,
conservation easements or other public open spaces.
2.
An “existing features” sheet which shows all built structures on
the site, and includes information as to their proposed final
disposition. Existing man-made features that may influence the
design of the subdivision, such as power transmission towers or
power lines, historic areas or features, sewers, water mains,
culverts, utility lines, fire hydrants and cemeteries shall be
shown. Natural features also shall be shown, including forested
areas, wetlands as shown on the National Wetlands Inventory
Maps, water features, tree groves, swamps, outstanding
topographic features, and sinkholes or depressions. Proposed
rights-of-way and lot lines should be ghosted in the background.
3.
Existing topography with two-foot (2’) contour intervals. Where
the terrain is rugged and hilly and where existing grades are
twenty five percent (25%) or greater, ten-foot (10’) contour
intervals will be permitted in the area where such grades exist.
Topography lines for off site improvements shall be shown at
two foot (2’) contour intervals.
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c.
4.
Location, widths, and names of all existing streets or alleys on
or within one hundred feet (100’) of the land development unit
site. Recorded but unimproved streets shall be shown with
dashed lines, and shall be labeled as “recorded but unimproved
rights of way”.
5.
If the property to be developed is located within the floodplain, in
whole or in part, the extent of the one hundred (100) year flood
plain within the property and adjoining properties. Additional
applicable information as may be required by the County
Floodplain Ordinance.
Proposed Design and Improvements
1.
The layout of all proposed and existing lots, with approximate
dimensions and area in square feet for each lot; proposed uses
of property.
2.
Front, rear and side yard setbacks.
3.
The location of proposed buildings, the first floor elevation and
the building envelope. For residential structures a composite
footprint may be used.
4.
Impervious coverage, density and parking calculations.
5.
Existing and proposed driveway locations
6.
Site dimensions, including the number of linear feet which front
on public highways. All proposed street names and locations of
street, traffic regulatory signs and ADT shall be shown.
7.
Location, width and grade of all proposed streets, typical cross
sections including a description of the centerline with distances
and curve data shall be shown. Any access point onto a public
highway must be approved by the West Virginia Division of
Highways.
8.
The approximate location, dimensions and area of all property
proposed to be dedicated or temporarily reserved for public use,
or to be reserved by a blanket covenant for use of all property
owners in the land development and conditions for such
conveyance or reservation. The location, dimensions, area and
purposes of any proposed conservation, open space, or other
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restrictive easements shall be shown.
9.
Where such information is available, proposed public
improvements, streets or other major improvements which have
been planned by public bodies for future construction on or near
the proposed land development unit shall be shown on the plat
or site plan.
10.
Proposed location of street trees, sidewalks and street lighting
standards (if required); all other proposed improvements.
11.
Standard Berkeley County and review agency construction
details shall be provided.
12.
Proposed drainage systems showing the disposition of surface
drainage with the following;
i.
Typical cross sections of all proposed storm water
management ponds and ditches.
ii.
Drainage easements through onsite and offsite lots.
iii.
Road culvert profiles.
iv.
The location, size and invert elevations of storm sewers
and appurtenances thereto shall also be shown.
13.
A proposed plan for erosion and sediment control during and
after the construction phase shall be required pursuant to the
Berkeley County Storm Water Management and Sediment
Erosion Control Ordinance.
14.
Connections with an existing water supply, if available, or
alternative means of supply. If connecting to an existing water
supply, show location, size of main, pressure and flow available
at the connecting point.
15.
Connections with existing sanitary sewer system or other means
of sewage collection, treatment and disposal shall be shown. If
connecting to an existing system, show location, size, and invert
elevations at connecting point.
16.
If individual sewer systems are proposed the location of the
drainfield, or alternate means of disposal, as approved by the
Berkeley County Health Department, State Health Department
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and WVDEP, if applicable, must be shown. This area shall
include the required septic reserve areas.
Approval
documentation shall be submitted to the Planning Commission
for all drain fields.
17.
If individual water supply systems are to be provided, the
location of the well as being one-hundred feet (100’) distant
from any septic system and ten feet (10’) distant from any
property line is required.
18.
The location of existing gas lines, fire hydrants, electric and
telephone poles, street lights, as well as the recommended
and/or required future locations, or easements, of these
services.
19.
When the Preliminary Plat covers only a part of the owner’s
entire adjacent holdings, a scaled drawing, with topography and
the prospective future street system which would provide
access to the owner’s adjacent holdings shall be shown. The
prospective future street system shall be shown for a minimum
distance of two hundred feet (200’) beyond the boundary of the
proposed Land Development as indicated on the Preliminary
Plat.
20.
Proposed utility or other rights-of-way or restrictive easements
may not cross through any conservation easement protected
property held by any holder unless written approval has been
granted by the Berkeley County Farmland Protection Board or
other administering conservation agency.
21.
All grading, including that for individual lots, shall be shown on
the Preliminary Plat with existing and proposed contours.
22.
Location of existing monuments and proposed new
monuments.
23.
For applications that require a highway entry permit the
Applicant shall submit to the Berkeley County Planning
/Engineering Departments which will review the application and
make a recommendation to the West Virginia Division of
Highways prior to WVDOH submittal. A traffic study shall be
required for all commercial development where projected ADT is
one hundred (100) or more trips during the peak generating
times and for all residential subdivisions with fifteen (15) lots or
greater. Traffic studies shall be no older than eighteen (18)
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
months. The study shall be performed by a qualified traffic
engineer. Notwithstanding the above, The Engineering/Planning
Departments and/or the Berkeley County Planning Commission
reserve the right to have the authority to request additional
information as necessary.
24.
Section 402.3
If a traffic impact study is required, please refer to the WVDOT
Traffic Engineering Directive 106-1- April 19, 2004, et. seq.
Hydrogeologic Testing
Hydrogeologic testing as set forth in this document is an evaluation of groundwater
quantity and quality and the potential effects that a proposed land development may
have on water resources. The evaluation is based on both on-site hydrogeologic
testing and existing and readily available information.
Hydrogeologic testing and reports are required and specifically defined for
residential subdivisions not served by public water and public sewer with fifteen (15)
or more lots. Each hydrogeologic test shall be performed by or under the direct
supervision of a professional geologist.
A report of the evaluation, the
Hydrogeologic Report, shall be prepared and signed by the professional geologist
and submitted to the County for review. Where not specifically defined in this
Section, the methodology used for testing and evaluation shall follow generally
accepted professional hydrologic and hydrogeologic practices and standards.
Section 402.3.1
Hydrogeologic Testing Requirements for Subdivisions,
fifteen (15) lots or more, not served by Public Water and
Public Sewer
A hydrogeologic report for subdivisions will examine the local hydrogeologic
conditions and the relationship between the proposed land use and those conditions.
The testing will focus on the groundwater quantity and quality as they relate to the
requirements of the proposed land development and the potential impacts the
subdivision may have on the water resources. A hydrogeologic report is required
prior to a preliminary subdivision submission.
Subdivisions not served by public water and public sewer can be divided into two (2)
groups based on the type of water supply system; those having a private well on
each individual lot and those having community water systems serving two or more
lots.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
Section 402.4
Water: Home and Business Consumption
This section addresses water for home and business consumption. The intent is to
establish: 1) demand levels which satisfy quality of life, 2) requirements for
well/pump testing, and 3) procedures to enhance sustainability of this resource.
Definitions of Acronyms
gpm = gallons per minute
gpd = gallons per day
psi = pounds per square inch
ERU= equivalent residential unit
ADD = average daily demand (gallons per day/ERU)
AARn = average annual rainfall under normal conditions
AARd = average annual rainfall under drought conditions
MDD = maximum daily demand (gallons per day/ERU)
PHD = peak hourly demand (gallons per day/ERU)
Standard Units for Berkeley County Applications
AARn for Berkeley County = 39.4 inches/year
AARd for Berkeley County = 19.7 inches/year
ADD = 180 gpd (based on Berkeley County Public Service District (PSD) statistics
MDD = 360 gpd (2 x ADD)
A.
Private Wells
1. A private well shall be defined as a well which supplies a single ERU.
2. Each private well must be capable of providing a continuous yield of > 3 gpm.
3. If the well does not yield at the minimum required rate, then the water supply
system (i.e. borehole + storage/pressure tank) must provide a reservoir of 360
gallons (equivalent to the regional MDD). In addition, the well must be
capable of supplying enough water to refill the reservoir within a twenty-four
(24) hour period.
B.
Community Wells
1. A community well shall be defined as a well, which supplies more than one
ERU.
2. Community well yield shall be determined based on the number of ERUs
being supplied. It is critical that the water system source, treatment and
storage facilities must be designed such that, together, they provide the MDD
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
for the system based on the number of residences. It is preferable that the
system be designed such that the source alone will be able to meet, and
preferably exceed, the MDD. This is important, as larger storage tanks, with
corresponding residence times of stored water, are more susceptible to water
quality issues such as stale water, warm water in the summer, and biological
growth. It is notable that that the more a utility relies on storage rather than
source to meet the MDD, the longer it will take the utility to replenish the
storage once it is depleted. In addition, fire protection authorities generally
recommend the ability to replenish fire protection storage within a twenty-four
(24) hour period after it is depleted. To accomplish this, the flow rates must
equal or exceed the MDD.
3. The yield for a community well shall be determined by multiplying the number
of proposed ERUs to be supplied by the system by the MDD, as shown in the
following formula:
Community Well Yield (gpd)=(No. of ERUs)(MDD in gpd)
C.
For example: (No. of ERUs)(MDD) = CYY
(200)(360)=72,000gpd
Non-Residential Wells
1. All wells that supply commercial establishments (e.g. agricultural, retail,
industrial, recreational, etc.) shall be sized based upon the design engineer’s
recommendations regarding the specific establishment’s water supply
requirements. Guidance for the requirements of a specific establishment
should be derived from Table 4-1 as follows:
Table 4-1 Guide for Non-Residential Water Demand
Type of Establishment
Water Used (gpd)
Airport (per passenger)
3-5
Apartment, multiple family (per resident)
50
Bathhouse (per bather)
10
Boardinghouse (per boarder)
50
Additional kitchen requirements for nonresident
10
boarders
Camp:
Construction, semi permanent (per worker)
50
Day, no meals served (per camper)
15
Luxury (per camper)
100 - 150
Resort, day and night, limited plumbing (per
50
camper)
35
Tourist, central bath and toilet facilities (per
person)
Cottage, seasonal occupancy (per resident)
50
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
Type of Establishment
Water Used (gpd)
Club:
Country (per resident member)
Country (per nonresident member present)
Factory (gallons per person per shift)
Highway rest area (per person)
Hotel:
Private baths (2 persons per room)
No private baths (per person)
Institution other than hospital (per person)
Hospital (per bed)
Lawn and Garden (per 1000 sq. ft.)
Assumes 1-inch per day (typical)
Laundry, self-serviced (gallons per washing [per
customer]
Livestock Drinking (per animal):
Beef, yearlings
Brood Sows, nursing
Cattle or Steers
Dairy
Dry Cows or Heifers
Goat or Sheep
Hogs/Swine
Horse or Mules
Livestock Facilities
Dairy Sanitation (milk room)
Floor Flushing (per 100 sq. ft.)
Sanitary Hog Wallow
Motel:
Bath, toilet, and kitchen facilities (per bed space)
Bed and toilet (per bed space)
Park:
Overnight, flush toilets (per camper)
Trailer, individual bath units, no sewer
connection (per trailer)
Trailer, individual baths, connected to sewer (per
person)
Picnic:
Bathhouses, showers, and flush toilets (per
picnicker)
Toilet facilities only (gallons per picnicker)
Poultry (per 100 birds):
Chicken
Subdivsion Ordinance
Berkeley County, West Virginia
100
25
15 - 35
5
50
50
75 - 125
250 - 400
600
50
20
6
12
20
15
2
4
12
500
10
100
50
40
25
25
50
20
10
5 - 10
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
Type of Establishment
Ducks
Turkeys
Restaurant:
Toilet facilities (per patron)
No toilet facilities (per patron)
Bar and cocktail lounge (additional quantity per
patron)
School:
Boarding (per pupil)
Day, cafeteria, gymnasiums, and showers (per
pupil)
Day, cafeteria, no gymnasiums or showers (per
pupil)
Day, no cafeteria, gymnasiums or showers (per
pupil)
Service station (per vehicle)
Store (per toilet room)
Swimming pool (per swimmer)
Maintenance (per 100 sq. ft.)
Theater:
Drive-in (per car space)
Movie (per auditorium seat)
Worker:
Construction (per person per shift)
Day (school or offices per person per shift)
Source:
Water Used (gpd)
22
10 - 25
7 - 10
2-1/2 - 3
2
75 - 100
25
20
15
10
400
10
5
5
50
15
Adapted from Design and Construction of Small Water Systems: A
Guide for Managers, American Water Works Association, 1984, and
Planning for an Individual Water System. American Association for
Vocational Instructional Materials, 1982.
Subdivsion Ordinance
Berkeley County, West Virginia
4-14
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Section 402.4.2
Well Proving Requirements: Low Density Private Wells
LOW DENSITY PRIVATE WELLS
This material shall apply to all individual residential wells, including private wells in
subdivisions where there are less than fifteen (15) lots, or where the lot size is
greater than ten (10) acres. Approval of subdivisions will not require wells to be
drilled in advance; however a use and occupancy (U & O) permit will not be issued
until the well has been approved by the County Health Department and has been
shown to meet the requirements of this section of the ordinance.
A.
Pumping Test Requirements
1. Prior to the test, the well must be fully developed.
2. Physical or chemical alteration of geologic materials or structures (e.g.,
hydraulic fracturing, use of explosives, or addition of chemicals) to increase
yield will not be permitted.
3. The air-lift test may be conducted whenever water from precipitation is not
flowing over the ground surface. A three (3) week delay in testing will be
enforced whenever two inches (2”) of rain have been recorded within a ten
(10) day period in the location of the well to be tested.
4. Upon the cessation of pumping, the water level shall be measured after every
fifteen (15) minutes for the first hour, and then every two (2) hours until ninety
percent (90%) of the pre-test static water level is achieved (full recovery). If
the well does not fully recover to within ninety percent (90%) of the pre-test
static water level after twenty-four (24) hours it will be considered a nonsustainable source of water.
5. In addition if an individual well does not meet the minimum >3 gpm yield
requirement as specified in part A of this Section, then the water supply
system (i.e. borehole + storage/pressure tank) must provide a reservoir of
360 gallons (equivalent to the regional MDD). In addition, the well must be
capable of supplying enough water to refill the reservoir within a 24-hour
period.
B.
Reporting Requirements
No extraordinary reports will be required for the approval of individual wells other
than the completion logs and forms necessary for permitting. Reporting forms shall
be obtained from the Berkeley County Engineering Department.
Subdivsion Ordinance
Berkeley County, West Virginia
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Article 4 – Plan Requirements
Section 402.4.3
HIGH DENSITY INDIVIDUAL WELLS, SMALL (< 50 GPM)
NONRESIDENTIAL WELLS, AND SMALL (<50 GPM)
COMMUNITY WELLS
This material shall apply to all individual residential wells in subdivisions where there
are fifteen (15) or more (regardless of lot size) and non-residential or community
wells rated at less than 50 gpm yield.
A.
Hydro-geological Study
A hydro-geologic report for subdivisions will examine the local hydrogeologic
conditions and the relationship between the proposed land use and those conditions.
The analysis and report will focus on the groundwater quantity and quality as they
relate to the requirements of the proposed subdivision and the potential impacts the
subdivision may have on the water resources. A hydrogeologic report shall be
required prior to a preliminary subdivision submission regardless of whether it is
planned for individual or community wells.
At a minimum, evaluation shall encompass the area within approximately one
thousand foot (1,000’) radius from each and all proposed well(s). Such evaluation
shall include the following:
1.
2.
3.
4.
5.
USGS and Berkeley County geologic and topographic information
including USGS fracture trace data.
Property plats and aerial photographs.
Existing Berkeley County Health Department well data or descriptive
statistical summary of the same. (e.g. minimum, maximum and mean
of well data, etc.)
Geologic maps and data reports (well logs, water quality analysis,
geologic information).
Proposed pumping test plan (Note - this shall only apply if the
subdivision’s water will be provided by single or multiple community
wells).
Using the background information compiled previously, conduct an evaluation of the
site hydrogeology and the occurrence, quality, and quantity of groundwater. The
quantity must meet the conditions of part A of this Section and quality must conform
to requirements of West Virginia Department of Health.
These data and
conclusions shall be compiled into a hydro-geological report.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
B.
Pumping Test Requirements (Applies to community wells ONLY;
Individual wells shall be exempt from this requirement)
Wells shall be installed and tested to provide evidence that the hydrogeologic
system is capable of furnishing and sustaining the potable water needs of the
eventual inhabitants of the proposed development as follows:
(Applies to both residential and non-residential wells)
1. Prior to the test, the well must be fully developed. Preliminary yield estimates
should be determined using standard air-lift methods.
2. Physical or chemical alteration of geologic materials or structures (e.g.,
hydraulic fracturing, use of explosives, or addition of chemicals) to increase
yield of test wells will not be permitted prior to the pumping test.
3. The aquifer test may be conducted whenever water from precipitation is not
flowing over the ground surface. A three (3) week delay in testing should be
enforced whenever two inches (2”) of rain have been recorded within a ten
(10) day period in the location of the well to be tested. No production from the
well will be allowed for twenty-four (24) hours prior to the pumping test.
4. Water pumped from the well shall be discharged at least fifty feet (50’) from
the well so that it does not enter the ground and “short-circuit” the aquifer. If
this cannot be accomplished safely, or the water will be directed onto an
adjoining property, then a temporary water storage method (tank) must be
provided.
5. The test shall be conducted using a submersible pump, and the discharge will
be monitored using a calibrated flowmeter.
6. The pumping rate shall be controlled so as to maintain a constant discharge
rate and allow pumping water levels to stabilize at some point in the test.
7. The test shall be at least twenty-four (24) hours in duration at a constant
pumping rate.
8. In the event an accurate totalizing flowmeter cannot be used (e.g. if the flow
from the well is less than 3 – 4 gpm) the tester can determine the flow rate by
obtaining the time to fill a container of known volume. The number of seconds
to fill the container, and the exact time of day each such measurement is
taken shall be recorded every hour.
9. Water levels shall be measured every fifteen (15) minutes during the first hour
of pumping, and hourly for the next seven (7) hours. All water levels
measurements must be recorded with the exact time of day the measurement
was taken.
10. Upon the cessation of pumping, the water level shall be measured after every
fifteen (15) minutes for the first hour, and then every two (2) hours until ninety
percent (90%) of the pre-test static water level is achieved (full recovery). If
the well does not fully recover after twenty-four (24) hours it will be
considered a non-sustainable source of water.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
11. The allowable (or permitted) yield of the well shall be total gallons pumped
divided by the duration of the test in minutes, provided that full recovery
occurs within the following twenty-four (24) hour recovery period.
C.
Individual Wells
1. Approval of subdivisions with fifteen (15) or more lots will not require wells to
be drilled in advance; however a use and occupancy (U & O) permit will not
be issued until the well has been approved by the County Health Department
and has been shown to meet the requirements of this section of the
ordinance.
2. If an individual well does not meet the minimum > three (3) gpm yield
requirement as specified in the part A of this Section, then the water supply
system (i.e. borehole + storage/pressure tank) must provide a reservoir of
three hundred and sixty (360) gallons (equivalent to the regional MDD). In
addition, the well must be capable of supplying enough water to refill the
reservoir within a twenty-four (24) hour period.
D.
Sustainable Yield Evaluation (Individual wells shall be exempt from this
requirement). Data analysis shall include an analysis of sustainable
yield of the aquifer and well based upon the following:
•
•
E.
Extrapolation of drawdown to one hundred and eighty (180) days.
Significant adverse impacts (quality or quantity) on neighboring wells and
springs.
Reporting Requirements
The principal reporting requirement shall be:
1. The hydrogeologic report, and
2. The pumping test report, which must be made available prior to preliminary
plat approval. (Individual wells are exempt from this requirement).
Section 402.4.4
WELL PROVING REQUIREMENTS: COMMUNITY WELLS
AND HIGH PRODUCTION NON-RESIDENTIAL WELLS (>50
gpm)
This section shall apply to community wells and non-residential wells rated at yields
of greater than fifty (50) gpm. This yield shall be either based on single wells, or the
cumulative yield of a production well field, where the wells are all within the same
aquifer or hydrologic unit.
NOTE: Before starting construction, a location map of the proposed new wells and
any related construction shall be submitted to the WVDEP in the appropriate
Regional office for a determination as to whether that construction requires any other
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
permits, such as for disturbance of protected streams or springs, protected
freshwater wetlands, or for storm water runoff from a construction site. Other factors
to consider when siting a project include flood plain location, agricultural districts,
conceptual wellhead protection/recharge areas, existing or potential groundwater
contamination sources, and existing sub-surface utility corridors (whose bedding
might provide a preferential path for groundwater flow or contamination).
A.
Hydro-geological Study
A hydro-geologic report/water supply assessment for subdivisions will examine the
local hydrogeologic conditions and the relationship between the proposed land use
and those conditions. The testing will focus on the groundwater quantity and quality
as they relate to the requirements of the proposed subdivision and the potential
impacts the subdivision may have on the water resources. A hydrogeologic report
shall be required prior to a preliminary subdivision submission.
At a minimum, evaluation shall encompass the area within an approximate ¼-mile
radius from each proposed well. Such evaluation shall include the following:
1. USGS and Berkeley County geologic and topographic information, including
fracture trace analysis data available from the USGS.
2. Property plats and aerial photographs.
3. Existing Berkeley County Health Department well data or descriptive
statistical summary of the same. (e.g. minimum, maximum and mean of well
data, etc.)
4. Geologic maps and data reports (well logs, water quality analysis, geologic
information including karst features, bedrock outcrops, etc.).
5. At sites with bedrock outcrops, fracture orientations (strike and dip
measurements) shall be measured and documented in the report. The
number and orientations of linear features or photo lineaments shall be
analyzed and correlated with documented bedrock fractures.
6. A proposed pumping test plan.
Using the background information compiled previously, conduct an evaluation of the
site hydrogeology and the occurrence, quality, and quantity of groundwater. These
data and conclusions shall be compiled into a hydro-geological report.
B.
Pumping Test Requirements
Wells shall be installed and tested to provide evidence that the hydrogeologic
system is capable of furnishing and sustaining the potable water needs of the
eventual inhabitants of the proposed development. Well construction and testing
shall be performed in accordance with the West Virginia Department of Health and
the Berkeley County Health Department.
Subdivsion Ordinance
Berkeley County, West Virginia
4-19
Draft with CC approval – April 2009
Article 4 – Plan Requirements
Prior to the commencement of any drilling or pumping tests, a pump test plan will be
required to obtain preliminary approval for well development. The pump test plan
should contain location, construction, and purpose of at least two (2) or more
monitoring wells. It shall also include the planned pumping rate, duration, and
frequency of monitoring. A minimum test shall include:
1. Test Pumping Rate - The pump test must be performed at or above the pumping
rate for which approval will be sought in the water supply application. If multiple wells
are to be pumped simultaneously to achieve the necessary yield, the test shall
incorporate such a pumping plan. To reproduce the anticipated stress on the aquifer,
the pump test shall be done when any nearby wells normally in operation are
running. Pumping of other wells in the test area shall be monitored.
A constant pumping rate should be maintained throughout the test. The pumping
rate should be measured accurately and recorded at least as often as water level
measurements (see No. 5 of this section, Measuring Schedule).
During the first hour of the test, any failure to pump within ten percent (10%) of the
test pump rate for any reason will require termination of the test, recovery of water
levels to static, and a restart of the test. Later pump failures must have no significant
effect on the data or a similar termination and restart is necessary
2. Length of Test - Regardless of the type of aquifer, pump tests shall be conducted
for a minimum of seventy-two (72) hours at a constant pumping rate.
(a) A minimum of six (6) hours of stabilized drawdown must be displayed at
the end of the test. Stabilized drawdown is defined herein as a water level
that has not fluctuated by more than plus or minus 0.5 foot for each one
hundred feet (100’) of water in the well (i.e., static water level to bottom of
well) over at least a six (6) hour period of constant pumping flow rate. The
plotted measurements shall not show a trend of decreasing water level.
(b) If stabilized drawdown is not achievable, the test period may be extended
or semi-log extrapolation of drawdown versus time (or other similar methods)
may be employed to demonstrate the ability of the aquifer to supply a
pumping rate equal to the desired yield (which must be equal to or less than
the pump test yield) on a long term basis. Normally, an extrapolation of six (6)
months of pumping with no assumed recharge must be compared against the
level of water remaining above the pump intake at the end of the period (see
paragraph No. 12 of this section, Analysis of Pump Test Data). This type of
evaluation may be used in lieu of satisfying the objectives of section 2(a) of
this document at the discretion of the County Engineer.
(c) Excessive rainfall may require extension of the test or a rescheduling of
the test.
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
3. Pre-Test Conditions - No pumping should be conducted at or near the test site
for at least 24 hours prior to the test (including the step-drawdown test). Static water
levels at the pumping well and observation wells should be measured at least daily
for one (1) week prior to the start of the test and again immediately prior to the start
of the test. If on site or nearby pumping cannot be curtailed due to system supply
needs or other factors, the County Engineer should be consulted prior to the start of
the test.
4. Discharge of Water - Water discharged during the pump test should be
conducted away from the pumping well to a nearby stream or surface water body if
possible, or as far from the well as is practicable.
5. Measuring Schedule - Water levels in observation wells and at the pumping well
should be measured to give at least ten (10) observations of drawdown within each
log cycle of time, beginning one (1) minute after the start of pumping. A suggested
schedule of measurements at all wells is as follows.
Table 4-2
Time intervals for water level measurements
Time After Pumping Started Time Intervals
O to 15 minutes
1 minute
15 to 50 minutes
5 minutes
50 to 100 minutes
10 minutes
100 to 500 minutes
30 minutes
500 to 1000 minutes
1 hour
1000 to 5000 minutes
4 hours
6. Observation Wells - At least two (2) observation wells or piezometers should be
monitored during the pump test. The observation wells should be placed so as to
best define the hydrogeologic characteristics of the aquifer with respect to the
pumping well. In some cases the Engineering Department may recommend that a
representative sample of nearby homeowner wells be monitored during the pump
test, regardless of whether the anticipated zone of influence will extend to those
wells or not. Existing wells may be used as observation wells.
Water levels in nearby water bodies (streams and springs) should be measured prior
to and during the test.
7. Recovery Period - Water level measurements should be collected during the
recovery period for all wells using the same procedure and time pattern followed at
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Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
the beginning of the pump test (see No. 6.) Measurement should commence at least
one (1) minute prior to shutdown of the pumping well and continue for at least twelve
(12) hours. Water level measurements should be made to the nearest 0.01 foot. To
obtain accurate data during the recovery period, a check valve must be installed at
the base of the pump column pipe in the pumping well to eliminate backflow of water
into the well. Water level measurements should also be collected during the
recovery period in all off-site monitoring wells, such as homeowner’s private wells.
8. Rainfall Measurement - Rainfall should be measured to the nearest 0.01 inch
and recorded daily at or near the site for one (1) week preceding the pump test,
during the test, and during the recovery period. A log of weather conditions during
this period should also be kept, including barometric pressure recorded on the same
schedule as rainfall. Weather station data available from within a reasonable
distance of the test site can be utilized.
9. Surface Water Measurements - Fluctuations in surface water stages (or flow) for
all surface waters within one thousand feet (1000’) of the pumping well should be
measured to the nearest 0.01 foot. Measurements should be made using, as
appropriate: weirs, staff gages (with stilling wells as necessary), nested piezometers,
etc. The horizontal distance between each observation point and the pumping well
should be measured to the nearest 0.1 foot. The vertical elevation of a fixed
reference point on each observation point should be established to the nearest 0.01
foot and reported in North American Datum 1983 (NAD 1983). Measurements
should be read and recorded at least once daily for one (1) week prior to the start of
the test and at least twice per log cycle, after the first ten (10) minutes, for the
duration of the test. Measurements should be made more frequently if surface water
levels are changing rapidly. The degree and nature of hydraulic connection with the
surface water body should be quantified.
10. Water Quality Samples - Comprehensive (per WV DHHR requirements) water
samples should be obtained from the pumping well during the last hour of pumping.
Samples should be analyzed to establish acceptable quality as per WV DHHR
requirements.
11. Wells Under the Influence of Surface Water - Additionally, If the pumping well
is, or may be, hydraulically connected to a surface water body, water samples from
the well should be analyzed in the field at least once every four (4) hours for the
following parameters: pH, temperature, conductivity, and hardness. Further,
representative water samples from the surface water body should be taken at both
the beginning and the end of the pump test and analyzed for the same parameters.
The WV DHHR should be consulted on all issues related to groundwater under the
influence of surface water.
12. Analysis of Pump Test Data - In order to accurately analyze pump test data, it
is necessary to use the methods and formulae appropriate for the hydrogeologic and
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
test conditions encountered at, and specific to, the pump test site. Knowledge of the
hydrogeologic conditions of the area is necessary in order to ensure the use of
appropriate techniques of analysis. Accordingly, analysis of pump test data should
be carried out by a hydrogeologist, professional engineer or geologist with
hydrogeologic training, or another appropriately trained evaluator.
(a) Data Corrections - Water level data, graphs, and interpretations should
be corrected, as appropriate or deemed significant, for the effects of: ambient
water level trends; partially penetrating production well(s); partially
penetrating observation wells; delayed yield from unconsolidated aquifers;
aquifer thickness, recharge and/or impermeable boundaries; barometric
pressure changes; changes in stage in nearby surface water bodies
(including springs); recharge events (rainfall, snow melt) during the week
preceding the test, during the test, or during the recovery period; influence
from nearby pumping wells; and any other hydrogeologic influences. All such
data and calculations should be included in the test information package.
(b) Theoretical time-drawdown graphs should be prepared from the recorded
drawdown graphs. The graphs should be derived from the pump test data,
setting time equal to one hundred eighty (180) days and groundwater
withdrawal equal to the pump test production rate. Based on these graphs
and the remaining standing water in the well at the end of the pump test, a
maximum safe pumping rate (yield) should be established for each production
well or for the well field if simultaneous pumping of multiple production wells is
planned (taking into account well interference).
(c) Theoretical distance-drawdown graphs should be prepared. The graphs
should be derived from the pump test data, setting time equal to one hundred
eighty (180) days and groundwater withdrawal equal to the pump test
production rate. It is highly recommended that the following wellhead
protection areas be delineated using all available information (e.g., published
hydrogeologic information, local knowledge, pump test results, etc.) and best
professional judgment: zone-of contribution area or recharge areas (for
confined or bedrock aquifers), and aquifer boundary area.
(d) Recovery data should be analyzed in a similar manner to drawdown data.
13. Submission of Data - Data submitted in support of a requested groundwater
withdrawal should include:
•
the raw pump test data (legible) with: date, clock time, elapsed time
(minutes), measuring point (top of casing) elevation, static water level, water
level measurements, and calculated drawdown [an "Excel" or "Quattro Pro"
spreadsheet file may be submitted with this data in place of a written record];
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
•
•
•
•
•
•
•
engineering diagrams showing construction details (e.g. well casing, screen
setting and casing stickup, etc.) and depths of pumping wells and observation
wells;
geologic logs (completed well registration reports);
transmissivity, storage coefficient, and safe yield, as well as all graphs,
formulae and calculations used to estimate these values;
scaled site plan showing water level elevation controls (e.g., top of casing)
and grade elevation for all wells, staff gages and other water measuring
points, pump test discharge piping and discharge point, the location of nearby
surface water bodies, and, if applicable, the one hundred (100) year flood
plain and elevation;
latitude and longitude (in degrees, minutes, seconds, tenths of second), State
Plane Coordinates, or Univeral Transverse Mercators (UTMs) for all
production wells and any observation wells which are to remain, preferably in
NAD83 (specify the method and datum used to locate the wells);
a topographic map showing wellhead protection areas and the locations of
existing or potential groundwater contamination threats; and
Interpretations including methodology, geologic sections of the area,
references, and rationale.
All documentation submitted must be legible. Plans and maps should use shading,
cross-hatch patterns, symbology, etc., such that features are readily distinguishable
and remain readable when photocopied in black and white.
14. Discharge of Water - Please note it is not legal in the State of West Virginia to
discharge water into any water body or wetland if such discharge results in turbidity
or erosion leading to turbidity or down stream flooding. Accordingly, if it is anticipated
that discharged water will create flooding, erosion and/or turbidity, water must be
directed to a holding area and released in a controlled manner to prevent such
problems.
C.
Sustainable Yield Evaluation
Data analysis shall include an analysis of sustainable yield of the aquifer and well
based upon the following:
• Recharge to the site under normal and drought conditions.
• Extrapolation of drawdown to one hundred eighty (180) days without
significant recharge.
• Significant adverse impacts (quality or quantity) on neighboring wells and
springs.
D.
Delineation of Contributing Areas
The delineation of recharge zones and contributing areas to a community water
supply well requires the application of appropriate geologic information and methods
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
to assess ground water flow and the influence of boundary conditions. Unless the
aquifer is homogeneous and isotropic and no near-field boundary conditions are
present, analytical methods (e.g., Wellhead Protection Areas (WHPA), stagnation
point calculations) will not provide realistic results. For most semi-confined, fractured
bedrock wells, surface water bodies provide positive (recharge) boundaries, and the
edges of the water-bearing unit provide negative (barrier) boundaries. These
conditions influence the contributing area significantly, and cannot be adequately
simulated by common analytical methods.
A Certified Geologist or Hydro-geologist who is familiar with the conditions at the
well site shall perform the delineation. The goal of wellhead delineation is to provide
the public water supplier with an area that is most likely to provide recharge to the
well. This area must be reasonably sized, and appropriate to the anticipated yield of
the well.
E.
Reporting Requirements
The principal reporting requirement shall be:
1. The hydrogeologic report, and
2. The pumping test report, which must be made available prior to preliminary
plat approval.
Section 402.5
Sensitive Areas
Section 402.5.1
Application
The following applications or permits as required by this Ordinance shall also
comply with the additional identification and design requirements below.
1.
Applications for approval of Major Subdivisions or Sketch Plans.
Section 402.5.2
Identification of Sensitive Areas
All applications subject to this section shall include the following information
on a scale drawing. The relationship between the following features and the
proposed use or construction shall be clearly shown in addition to a Phase 1
Environmental Study:
1.
2.
3.
Location of streams, sinkholes and springs.
The boundaries of any flood plain as defined in the Berkeley County
Floodplain Management Ordinance. (Appendix F).
Areas of severe slope, defined as greater than 1 ½’ horizontal to 1’
vertical (66.6%).
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Berkeley County, West Virginia
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Article 4 – Plan Requirements
4.
5.
6.
7.
Location of current or proposed pedestrian trails, on or adjacent to the
subject site.
Location of Registered State or National historic sites.
Significant Karst features.
Areas that have been polluted, contaminated, or areas that pose a
human health/safety risk.
Section 402.5.3 Design Requirements
If any of the features listed above exist on the subject property, the following
additional requirements shall apply:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Stream buffers shall be provided in the manner as described below.
Use of the floodplain shall be governed according to the Berkeley
County Floodplain Ordinance.
Identification of severe slopes shall be in the manner as described
below.
Identification of wetlands shall be in the manner as described below.
Where it has been documented by the U.S. Fish and Wildlife Service
that threatened or endangered species exists on the site, the applicant
shall provide evidence of that determination and demonstrate that the
permitted activity will not disturb the habitat area. The applicant must
also demonstrate compliance with any other applicable restrictions
imposed by the U.S. Fish and Wildlife Service.
If known or suspected contaminated areas are identified, the applicant
must document that the contamination will have no effect, currently or
in the future, on the use requested.
The location of all sinkholes shall be shown on the existing
conditions scale drawing, included with the preliminary plan
submission. The edge of the sinkhole is to be considered the last
closed contour based on two foot (2’) contour mapping.
All sinkholes identified prior to construction shall be either
remediated or separated from construction by a minimum fiftyfeet (50’).
Remediation shall be carried out under the direction of a qualified
Professional Geologist or Geotechnical Engineer. Mitigation shall
be carried out according to the WVDEP Sinkhole Management
Guidance Document (August 2005 et. seq.), or other applicable
standards as recommended by the PG or PE and approved by the
County Engineer.
Any improvements planned to fall within one hundred feet (100’)
of any sinkhole (remediated or not), shall require a thorough
subsurface investigation conducted by a qualified PG or PE to
ensure that the planned improvements do not present a threat to
human health, safety, or the environment.
Should these
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Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
11.
12.
investigations detect previously unknown sinkhole features,
paragraph 8 applies.
For any subsurface investigations requiring boreholes, such as
air track drilling or rock coring, the boreholes must be grouted
upon completion.
All air track drilling operations used to
determine the depth of overburden and continuity of bedrock
shall be monitored full-time by a PG or PE or other qualified
individual as defined by the Ordinance.
Underground utilities located within one-hundred feet (100’) of a
karst feature, then a dike of clay or other suitable material shall be
placed across the trench at twenty-foot (20’) intervals or less
along the entire length which passes through the one hundred
foot (100’) radius, or as directed by a PG or PE.
Section 402.5.5
Stream Buffers
Where an application contains any portion of a perennial or intermittent
stream, a buffer shall be established and shown on the plan. The width of the
buffer shall be a minimum of thirty-five feet (35’), measured from and
perpendicular to the top of the stream bank. The buffer shall be expanded to
include any floodplain determined by the Floodplain Ordinance, any field
verified non-tidal wetland areas and/or any area of severe slope as defined in
this Ordinance.
Within the stream buffer vegetative ground cover shall be maintained at all
times. The U.S. National Resources Conservation Service (NRCS) may
recommend planting species and methods when no ground cover exists in
the buffer or additional planting to improve existing ground cover. No
permanently affixed building shall be permitted within the stream buffer
except those designed to improve water quality in the stream or structures
such as fences designed to limit access to the stream. No septic system shall
be constructed within the buffer nor shall any septic reserve area be
established within the buffer.
Section 402.5.6
Severe Slope
These provisions shall apply to all land development as defined in the
Berkeley County Subdivision Ordinance.
Identification of severe slopes shall be established by the applicant at the
time of application.
Severe slopes shall consist of all land which has a natural slope of 1 ½’
horizontal to 1’ vertical (66.6%) or greater. The natural slope of an area shall
be determined by calculating the distance between field verified contours.
The horizontal run shall be measured at right angles to the natural contours.
Subdivsion Ordinance
Berkeley County, West Virginia
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Article 4 – Plan Requirements
Section 402.5.6.1 Verification of severe slope delineation
Where the applicant has provided a determination of the severe slope the
County Engineer shall verify the accuracy of the boundary. The Planning
Commission, upon recommendation by the County Engineer, may render
adjustments to the boundary delineation in order to comply with this
Ordinance.
Section 402.5.7
Wetlands
At the time of applications, wetlands shall be verified through a
Jurisdictional Determination by an Army Corps of Engineers
representative, and all wetlands boundaries surveyed. If there are no
wetlands present onsite, a letter stating such shall be submitted from a
qualified third party.
Wetland boundaries shall be established as a buffer area of fifteen feet (15’)
along any delineated wetland and shall be based on a wetland investigation
and a Jurisdictional Determination conducted by an Army Corps of
Engineers representative.
Comprehensive Plan maps related to flood plains and other general soils and
hydric soils information may be used as a reference for determining the
general location of major wetland areas. Final wetland delineations shall be
through a jurisdictional determination by the U. S. Army Corps of Engineers.
Wetland disturbance shall be permitted. However, the US Army Corps of
Engineers must approve any such disturbance.
Section 402.5.7.1 Standards
1.
In all applications, wetlands shall be shown on a drawing indicating
their location and measurement in accordance with the above
standards.
2.
A conservation easement covering the wetlands shall be provided on
the plan, or approved mitigation plans shall be submitted.
Section 403. Final Plat
Section 403.1. General
The Final Plat shall be legibly drawn on a material required by the Clerk of the
County Commission and clearly labeled “Final Plat”. The scale shall be one hundred
feet (100’) or less to the inch and the size of the sheet shall be twenty-four inches
(24”) by thirty-six inches (36”), including a one and one-half inch (1 ½”) left margin
for binding. When more than one sheet is required, an index sheet of the same size
shall be submitted showing the entire land development drawn to scale. In addition,
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
one (1) electronic media formatted copy shall be required. Please reference the
Berkeley County Digital Data Submission Standards Policy.
Section 403.2. Required Information
a.
The Final Plat shall show:
1.
The location of the proposed development by inserting on the
plat, a location vicinity map at a scale of no less than six
hundred feet (600’) and no greater than one thousand feet
(1000’) to the inch indicating the location of the property with
respect to surrounding property and streets. The map shall
show all streets and property within one thousand feet (1,000’)
of the applicant’s property.
2.
A title block as part of the standardized cover sheet as
prescribed by the Berkeley County Planning Commission Staff.
3.
Names and location of adjoining subdivisions, if any, and
location and ownership of adjoining unsubdivided property along
with deed book and page number, tax map and parcel number.
4.
A north arrow referencing true and magnetic north. Final plats
with north referenced to the State Plane North Coordinate
System must include, in addition to references to true and
magnetic north, coordinate values located at the end points of
the longest perimeter boundary line.
5.
The name, address, and telephone number of the owner or
applicant.
6.
The name, address and seal of the West Virginia registered
professional civil engineer or registered professional surveyor
responsible for the preparation of the plat, and certification that
the plat represents a survey made by him and that all
monuments shown thereon actually exist, and that their location,
size and material are correctly shown.
7.
All plat boundary and proposed lot lines labeled with length of
courses to hundredths of a foot and bearings to the nearest
second. Boundary lines shall be determined by an accurate field
survey. The data for all curves shall be shown in detail at the
curve or in a curve data table containing the following: radius,
delta, arc, tangent, chord and chord bearing.
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Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
8.
Provide site data for subdivision including tax map, parcel
number, deed book/page reference. Include number of lots,
gross density and acreage of storm water management areas
and access to them and open space.
9.
Bearings and distances of established street boundaries and
easements.
10.
The accurate location and type of material of all existing and
proposed permanent reference monuments. The plan shall be
tied to the State of West Virginia State Plane North Coordinate
System.
11.
When the Final Plat under review is a re-plat of a subdivision of
record, there shall be shown the following statement on the
Final Plat with the applicable entries made thereon:
This is a replat of __________________________________
(name of subdivision)
recorded on
, in Plat Book #
,
(date of recordation)
Page #
, owned by
at
(name)
time of recordation.
_____________________________
Signature of Present Owner
12.
In the case of a re-plat of a subdivision of record, dotted or
dashed lines shall be used to show the features or locations to
be abandoned and solid lines to show the currently proposed
features or locations.
13.
The exact layout for the Land Development, including:
i.
Street and alley lines; their names, bearings, lengths and
widths, including widths along the line of any obliquely
intersecting street.
ii.
All restrictive easements or rights-of-way, when provided
for or owned by public utilities, with the limits of all
easement areas shown and stated on the plat.
Subdivsion Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
iii.
Coverage, density and parking calculations.
iv.
A note referencing the current deed(s) in the chain of title
including grantor(s) and grantee(s), date and recording
reference(s).
14.
Show floodplains as depicted on current Federal Emergency
Management Agency (FEMA) FIRM or as indicated by a flood
plain study and, where applicable and available, bearings and
distances of flood plain easements.
15.
If individual water supply systems are to be provided, the
location of the well as being one hundred feet (100’) distant from
any septic system and ten feet (10’) distant from any property
line is required.
If individual sewage disposal systems are to be provided,
location of required septic reserve areas and the location and
extent of area or areas suitable for septic tank filter fields as
approved by the West Virginia Department of Health shall be
shown.
16.
Lots shall be numbered in numerical order throughout the entire
subdivision.
17.
Area of each lot to the nearest square foot.
18.
All building setback lines and any other setback lines or street
lines established by public authority and those stipulated in the
deed restrictions.
19.
Accurate outlines and acreages of any areas to be reserved or
dedicated for common use by the residents of the Land
Development, or for the general public use with the purposes
indicated thereon.
20.
The following statement shall be included, as applicable: “The
Soil Survey of Berkeley County, West Virginia indicates a
seasonal high water table on lots
to be less than five
feet (5’) below the surface and therefore basement construction
is not recommended for those lots.”
21.
Provide and sign Owner’s Certification block, (example provided
by the Berkeley County Planning Department).
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Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 4 – Plan Requirements
22.
The remediated and un-remediated sinkholes and setbacks
shall be shown.
23.
A certificate for roadway widening reservation as follows: “ I
hereby certify that areas shown hereon reserved for future
roadway widening shall be conveyed to WV Department of
Highways at the time of roadway widening without any
compensation. This agreement shall be binding upon all my
assignees or heirs.
________________________
Developer
b.
_____________
Date”
The Final Plat shall be accompanied by:
Copies of the Declaration of protective covenants and restrictions,
pursuant to the provisions of Chapter 32B, West Virginia Code, as
approved by the Planning Commission legal counsel, in a form
appropriate for recordation, including covenants governing the
maintenance of public spaces, common area or reservations, and
copies of approved provisions for maintenance and operation of
facilities, if applicable, including the storm water management
maintenance agreement.
c.
Electronic Media Required Format:
Please reference the Berkeley County Digital Data Submission Policy
Document.
Subdivsion Ordinance
Berkeley County, West Virginia
4-32
Draft with CC approval – April 2009
Article 5 – Design Standards
Article 5 – Design Standards
ARTICLE 5 – DESIGN STANDARDS
Section 501. General
Section 501.1. Application
a.
The principles, standards, and requirements contained in this
article, or incorporated in this article by reference, will be applied by
the Planning Commission in evaluating plats and plans for
proposed Land Developments.
b.
The standards and requirements outlined herein, or incorporated by
reference, shall be minimum standards and requirements.
c.
The Applicant may place legal restrictions on the development
greater than those required in this article.
Section 501.2
General Standards
a.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, common area or other proposed uses so that
land locked areas shall not be created.
b.
Easements controlling access to lots, public lands or adjacent
private lands are permitted.
c.
Land to be subdivided or developed shall be laid out and improved
in reasonable conformity to existing topography in order to reduce
grading and cut and fill.
d.
The land shall be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood,
subsidence or other menace.
e.
Land Development projects shall not be designed or planned for
tracts of land subject to periodic flooding unless the design and
plans will meet the requirements of the (Federal) National Flood
Insurance Program, 42 U.S.C. 4011 et seq. and the accompanying
regulations of 24 C.F.R. 1901.1 et. seq. and the Berkeley County
Floodplain Ordinance. Each application for approval under these
regulations for land subject to periodic flooding shall include a study
which demonstrates to the satisfaction of the Planning Commission
and the Engineering Department that the Land Developments will
comply with the above federal standards. All required, appropriate
Federal forms shall be completed and filed with the Planning
Commission.
Subdivision Ordinance
Berkeley County, West Virginia
5-1
Draft with CC approval –May 2009
Article 5 – Design Standards
f.
Developers are encouraged to preserve and design around trees,
groves, scenic points, historic spots and other community assets
and landmarks.
g.
On-lot sewage disposal systems shall be setback a minimum of
one hundred feet (100’) from known sinkholes or sinks. A septic
reserve area of ten thousand (10,000) square feet, or enhanced
septic system as determined and approved by the County Health
Department, State Health Department or WVDEP, as applicable, is
required and shall remain permanently available for such use.
h.
Structures shall be setback a minimum of one hundred feet (100’)
from the outer perimeter of an existing or proposed cemetery or
historic structure listed on the National Register of Historic Places
and fifty feet (50’) from any railroad right-of-way. If cemetery is
located on an adjoining property, a minimum thirty-foot (30’)
buffer shall be required.
i.
Guest Residence
A guest residence may be established subject to the following
requirements:
1. The square footage of the guest residence shall not exceed
sixty percent (60%) of the habitable square footage of the
primary residence.
2. The guest residence shall have approved utilities.
3. The parcel of land containing a guest residence shall remain in
single ownership.
Section 502. Streets, Roads and Parking Facilities
APPENDIX A contains the minimum design criteria and standards for
construction of streets, roads and parking requirements for development within
Berkeley County.
Section 502.1
Minimum Standards for Subdivision Access
Any phased or non-phased residential development which generates, initially or
cumulatively, one hundred (100) lots or greater shall be required to have a
minimum of two (2) points of access onto a public road or a WV DOH right-ofway. The access point(s) must meet all other applicable requirements of this
ordinance, and must be approved by the West Virginia Division of Highways.
Subdivision Ordinance
Berkeley County, West Virginia
5-2
Draft with CC approval –May 2009
Article 5 – Design Standards
Section 502.2
Right-of-Way and Buffer yard Requirements for Development on
State Roads
All developments which have frontage on a state road shall reserve an area for
future roadway widening or maintenance. The reserved area shall extend parallel
& adjacent to existing road center line. The width of the reserved area shall be a
minimum of twenty-five feet (25') from the edge of the existing right of way or as
required by the Division of Highways, per their present and future road expansion
& improvement plans & requirements. A certificate reserving the road widening
area for the Department of Highways & requiring conveyance without
compensation at the time of roadway widening shall be placed & executed on the
Final Plat. The reservation shall be held for up to twenty-one (21) years.
In major subdivisions, where the lots along State Highway Rights-of-way are
less than an average of fifteen thousand (15,000) square feet, the Developer
shall also provide a fifteen foot (15’) vegetated buffer yard between the back or
side lot lines and the State Right-of-Way for any lot abutting a State Road Rightof-Way. This buffer yard shall not be included within the current r-o-w or
future r-o-w reservations.
Section 503. Building Setback Lines
A.
Where the subdivided area is intended to be used for residential purposes,
the building setback lines identified in the table below shall be observed:
Table 5-1
Highway Classifications
Collector
Local/Other
Minimum
Arterial
Setbacks
10’
Front
20’
20’
10’ minimum
10’ minimum
10’ minimum
Side*
20’
20’
20’
Rear
*Ten foot (10’) side yard setback. However, if side yard adjoins a State
Highway right-of-way, a thirty-foot (30’) side setback is required.
B.
Where the subdivided area is intended to be used for non-residential
purposes, the building setback lines identified in the table below shall be
observed:
Subdivision Ordinance
Berkeley County, West Virginia
5-3
Draft with CC approval –May 2009
Article 5 – Design Standards
Table 5-2
Minimum
Setbacks
Front
Side
Rear
Arterial
Highway Classifications
Collector
Local/Other
75’
15’
25’
50’
15’
25’
5’
5’
5’
Section 503.1. Blocks
A.
The length, width, shape, and design of blocks shall be based on
the site analysis and the intended use proposed for the site.
B.
Blocks shall not exceed one thousand six hundred feet (1600’) in
length and shall not be less than five hundred feet (500’) in length.
C.
Depth of a block shall equal the depth of two (2) approved lots
which share the same rear lot line. However, the block depth may
vary from the requirement in cases where parallel roads are utilized
or where topographic limitations exist.
Section 504. Lots
The following regulations shall govern the design and layout of lots:
A.
All lots shall have frontage upon an existing or proposed public
street. Lots within a major residential subdivision development that
are less than sixty thousand (60,000) square feet shall take access
from an interior road system.
B.
Access. No residential lot shall have direct access to an arterial or
major collector road. Access shall be permitted from Arterial or
Collector roads to parking lots serving a minimum of any
combination of eight (8) dwelling units of single family
attached dwellings:
(Duplex, Triplex, Quadruplex, Town
House, etc.) and or multi-family dwellings.
C.
Where a drainage swale, perennial or annual stream separates the
buildable area of a lot from the street upon which it takes access,
provision shall be made for the installation of a culvert or other
structure. The design of the culvert or other structure is subject to
approval by the County Engineer.
D.
“Panhandle” lots shall be permitted providing that only one lot is
situated between the main body of the panhandle lot and the
Subdivision Ordinance
Berkeley County, West Virginia
5-4
Draft with CC approval –May 2009
Article 5 – Design Standards
access roadway. Panhandles shall be a minimum of twenty-five
feet (25’) in width and a maximum of four hundred feet (400’) in
length. When two “Panhandle” lots are situated side by side and
have one proposed access location the access can be reduced to a
single twenty-five foot (25’) wide common driveway within a shared
access easement.
E.
The minimum requirements for lots, subject to other conditions as
noted in the Berkeley County Subdivision Ordinance, shall be as
follows:
Table 5-3
A. CONDITION - With Public Water AND Public Sewer
Maximum
Type of
Minimum Lot
Minimum 1
Impervious
Development
Lot Width
Size
Coverage
Single Family
60 %
75 Feet
7,500 Square Feet
Residence
Duplex
Residence
60%
85 Feet
Total lot
width
9,000 Square Feet
10,000 Square Feet, plus
400 sq. ft. for each one
bedroom unit; and 600 sq.
ft. for each unit with two
bedrooms or more.
1,800 Square Feet with a
maximum of 10 units per
acre.1
Multi-Family
Residence
60%
100 Feet
Townhouse
60%
18 Feet 2
Commercial
80%
100 Feet
No minimum
Industrial
80%
150 Feet
40,000 Square Feet
1
In a Townhouse Development 30% of the units may be reduced to
a minimum lot width of sixteen feet(16’) and a minimum lot size of
1,600 square feet. In this case, no one townhouse unit shall
contain more than eight (8) dwelling units.
Subdivision Ordinance
Berkeley County, West Virginia
5-5
Draft with CC approval –May 2009
Article 5 – Design Standards
Table 5-4
B. CONDITION - With Public Water AND Individual, On-Lot Sewage
Disposal System
Maximum
Type of
Minimum 1
Minimum Lot
Impervious
Development Coverage
Lot Width
Size
Single Family
Residence
Duplex
Residence
Multi-Family
Residence
Townhouse
PROHIBITED
Commercial
40 %
100 Feet
40,000 Square Feet
75%
150 Feet
1 Acre
Industrial
75%
150 Feet
1 Acre
Factory Built
Home
Community
PROHIBITED
PROHIBITED
PROHIBITED
1
Lots being served by a Community Well may have lots with a
minimum lot size of forty thousand (40,000) sq. ft. The minimum lot
size is permitted, provided that the resulting density does not
exceed the yield calculated by using a minimum lot size of eighty
thousand (80,000) sq. ft.
Subdivision Ordinance
Berkeley County, West Virginia
5-6
Draft with CC approval –May 2009
Article 5 – Design Standards
Table 5-5
C. CONDITION - With Approved Individual On-Lot Water Supply
AND Public Sewer
Maximum
Type of
Minimum 1
Minimum Lot
Impervious
Development Coverage
Lot Width
Size
Single Family
Residence
40%
Duplex
Residence
PROHIBITED
Multi-Family
Residence
PROHIBITED
Townhouse
PROHIBITED
Commercial
100 Feet
40,000 sq. ft.
75%
150 Feet
1 Acre
Industrial
75%
150 Feet
1 Acre
Factory Built
Home
Community
PROHIBITED
Subdivision Ordinance
Berkeley County, West Virginia
5-7
Draft with CC approval –May 2009
Article 5 – Design Standards
Table 5-6
D. CONDITION - With Approved Individual On-Lot Water Supply
and Individual On-Lot Sewage Disposal System
Type of
Development
Single Family
Residence
Maximum
Impervious
Coverage
35%
Minimum 1
Lot Width
Minimum Lot
Size
125 Feet
60,000 sq. ft.
Duplex
Residence
Multi-Family
Residence
Townhouse
PROHIBITED
Commercial
75%
200 Feet
1 Acre
Industrial
75%
300 Feet
2 Acres
Factory Built
Home
Community
PROHIBITED
PROHIBITED
PROHIBITED
Table 5-7
E. CONDITION - With Community Well1and Public Sewer
Type of
Development
Single Family
Residence
Maximum
Impervious
Coverage
35%
Minimum
Lot Width2
75 Feet
Minimum Lot
Size3
7,500 sq. ft.
1.
The community well-head must be within the boundary of the
proposed development or within one thousand feet (1000’) of the same.
2.
This minimum lot size is permitted provided that resulting density does
not exceed the yield calculated by using a minimum lot size of fifty
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval –May 2009
Article 5 – Design Standards
thousand (50,000) sq. ft.
Section 505. Restrictive Easements
The following regulations shall govern the design and layout of easements:
a.
Should utility easements be required along rear or side lot lines, to
the fullest extent possible, the easements shall be centered on the
lot line(s).
b.
No structure shall be permitted to be placed, set or put within the
area of an easement, unless the structure adequately proves to
facilitate that easement.
c.
The Planning Commission, upon recommendation from the County
Engineer, may require, when it deems it necessary for safety
purposes and to facilitate pedestrian access to community facilities
or to another nearby street, perpetual unobstructed pedestrian
easements and paved or unpaved sidewalks and/or walkways.
d.
Where topography or other conditions make impractical the
inclusion of utilities or drainage facilities within street rights-of-way,
perpetual unobstructed utility easements at least twenty feet (20’) in
width shall be provided across property outside the street lines but
with satisfactory access to the street. In no case shall easements
for individual septic or water systems or any easement or area
designated as a septic reserve area be permitted to encroach on
any building lot other than the lot which is served by the individual
septic or water well system or which the septic reserve area is
intended to serve. Septic system easements may be permitted in
community open space areas.
e.
Where a Land Development is traversed by a watercourse, there
shall be provided a drainage easement or right-of-way of not less
than ten feet(10’) conforming substantially to the line of such
watercourse or of such width as will be adequate to preserve the
riparian zone.
Section 506. Grading & Drainage
a.
Blocks and lots shall be graded to secure proper drainage away
from buildings and to prevent the pooling or collection of storm
water.
b.
All drainage provisions shall be designed to carry surface waters to
the nearest practical and adequate street, storm drain, natural
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Berkeley County, West Virginia
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Article 5 – Design Standards
drainage way or watercourse and should be diverted away from
any on-site sewage system reserve area, on-site sewage system,
unremediated sink hole or water well. Drainage swales on
residential lots shall not exceed a facial slope of 3 horizontal:1
vertical in order to allow proper maintenance.
c.
The land development shall be provided with drainage structures
and/or pipes as are necessary to prevent erosion damage and to
satisfactorily carry off surface waters.
d.
No excavation shall be made with a face steeper than three feet (3’)
horizontal: one foot (1’) vertical, except under one or more of the
following conditions:
e.
1.
The excavation is located so
three feet (3’) horizontal: one
through any portion of the cut
property lines of the property
made.
that a line having a slope of
foot (1’) vertical, and passing
face will be entirely inside the
on which the excavation was
2.
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than three feet (3’)
horizontal to one foot (1’) vertical. A written statement to that
effect from a professional civil engineer, registered in the
State of West Virginia and experienced in erosion control, is
submitted to and approved by the Planning Commission.
The statement shall affirm that the site has been inspected
and that the deviation from the slope requirements will not
result in injury to persons or damage to property.
3.
A concrete or stone masonry wall constructed in accordance
with approved standards is provided to support the face of
the excavation.
No fill shall be made which creates any exposed surface steeper in
slope greater than one and a half feet (1.5’) horizontal to one foot
(1’) vertical, except under one (1) or more of the following
conditions:
1.
The fill is located so that settlement, sliding or erosion will
not result in property damage; no sediment will enter or be
deposited in watercourses or natural drainage channels; and
no hazards to adjoining property, streets, alleys or buildings
shall be created.
2.
A written statement from a professional civil engineer,
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Berkeley County, West Virginia
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Article 5 – Design Standards
registered in the State of West Virginia and experienced in
erosion control, certifying that he has inspected the site and
that the proposed deviation from the slope specified above
will not endanger any property or result in property damage,
nor will any sediment enter or be deposited in watercourses
or natural drainage channels, is submitted to and approved
by the Planning Commission.
3.
A concrete, stone, or masonry wall constructed in
accordance with approved standards is provided to support
the face of the fill.
f.
Storm drains and appurtenances shall be required to be
constructed by the Developer/owner to take surface water from the
bottom of vertical grades, to lead water away from springs and to
avoid excessive use of cross gutters at street intersections and
elsewhere.
g.
Watercourses shall remain open and shall not be piped or
incorporated into a storm water system, except as determined by
the County Engineer.
h.
In the design of storm sewer systems, the future use of
undeveloped areas upstream shall be taken into account in
calculating pipe size.
Section 507. Erosion & Sediment Control
All applications must comply with the Berkeley County Storm Water
Management and Sediment and Erosion Control Ordinance. Moreover,
nothing contained in this ordinance shall be construed to relieve an applicant
from any obligation to comply with the Berkeley County Storm Water
Management and Sediment and Erosion Control Ordinance.
Subdivision Ordinance
Berkeley County, West Virginia
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Article 6 – Improvements Guarantees
Article 6 – Improvement Guarantees
ARTICLE 6 - IMPROVEMENT AND SUBDIVISION GUARANTEES
Section 601. General: Improvement Guarantees
The Berkeley County Planning Commission in its consideration of all Final Land
Development Plans may condition its approval upon the bonding of all required
improvements, or the installation and approval of all required improvements.
Section 602. Guarantee for Installation of Improvements
Section 602.1
Improvements Guaranteed
Following Planning Commission final plan approval, if the developer decides to
post surety to cover the required improvements rather than to construct the
improvements, the applicant shall complete the Developers’ Agreement
(Appendix B) and post financial security as required by the Agreement with the
County Planning Commission. The bond shall provide satisfactory surety in the
amount of one hundred fifteen percent (115 %) of the estimated construction cost
of the ultimate installation of the public improvements at prevailing rates. The
bond shall be subject to forfeiture to the County Commission for the sole purpose
of installation or completion of required improvements.
The Planning
Commission shall have authority on its own initiative and after thirty (30) days
notice to the principal, to increase the amount of surety at any time, over and
above five percent (5%), if in its judgment and sole discretion, such increase is
found to be appropriate. The Planning Commission must justify such decision by
a demonstrable increase in costs, which must be disclosed to the principal.
Should the applicant apply for a grading and excavation permit prior to the
signing of the Developer’s Agreement, the required bond estimate shall detail the
estimated cost of all site improvements, and shall serve as a guide for the
preparation of documentation by the County Engineer indicating the amount of
the full bond which shall be required for the subject development.
Section 602.2
Installation of Improvements and Surety
The following shall apply with respect to the installation of improvements and the
furnishing of bond and surety:
a.
The amount of any bond or surety may be proportionately reduced
by the County Planning Commission upon recommendation from
the County Engineer when portions of the required improvements
have been completed. However, no bond or surety amount shall
be reduced for thirty (30) days after Final Plan approval has been
issued by the Planning Commission.
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Article 6 – Improvement Guarantees
b.
When all required bonded improvements have been installed, the
applicant shall notify the County Engineer in writing of said
installation. The County Engineer, or his qualified and authorized
agent, shall inspect the aforesaid improvements. The County
Engineer or his agent shall prepare a report in writing indicating
approval, partial approval or rejection and giving the reasons in the
case of partial approval or rejection. Said report shall also indicate
the cost of the improvements for which approval is withheld.
c.
On the basis of the report, the County Engineer shall recommend
that the Planning Commission approve or reject the improvements,
grant partial approval, or withhold approval and shall notify the
applicant in writing of the contents of the report and the action of
the County Engineer no later than sixty (60) days after receipt of
notice from the applicant of the completion of improvements.
Where partial approval is granted, the County Engineer may
recommend to the Planning Commission a reduction in the bond in
an amount equal to the estimated cost, less five percent (5%), of
such completed and approved improvements. In no case shall the
bond be reduced below the amount deemed sufficient to secure the
unapproved portion of the improvements.
d.
If any portion of the required improvements is rejected by the
County Engineer, the applicant shall cause the same to be
satisfactorily completed and shall initiate the same procedure of
notification as outlined in (b) above.
e.
If the required improvements have not been installed in accordance
with the Developers’ Agreement, the applicant and surety issuer
shall be liable to the County Commission for the cost of required
improvements not installed or improperly installed, or for the
amount of surety, whichever is less. Upon receipt of the proceeds
thereof, the County shall repair, install or cause to be installed such
improvements.
f.
In the event the County, due to the Applicant’s failure to construct
the improvements in a manner acceptable to the County or by the
time agreed upon in the Developer’s Agreement or amendment
thereto, decides that it must apply for the proceeds of the surety,
the County shall notify the Applicant of said circumstance in writing
and, when possible, allow him forty-five (45) days to correct the
deficiencies. Otherwise, the County shall demand the surety
proceeds.
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Berkeley County, West Virginia
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Article 6 – Improvement Guarantees
g.
When the surety is a Letter of Credit issued from a financial
institution, the terms thereof shall be indefinite or until completion of
the improvements and approval by the County Planning
Commission. If, alternatively, the Letter of Credit terminates on a
specific date, the Letter of Credit shall provide that the financial
institution issue to the County Planning Commission a negotiable
draft, in the amount designated, on the business day and
immediately prior to the termination of the Letter of Credit, unless:
1.
Approval by the County Planning Commission, upon the
recommendation of the County Engineer, for the
improvements has been previously issued, or
2.
Application has been made by the Applicant to the financial
institution for extension of the terms of the Letter of Credit
and a replacement Letter of Credit extending the termination
date has been submitted to and approved by the County
Planning Commission, no later than thirty (30) days before
the date of expiration.
3.
A revised Developers’ Agreement has been negotiated with
the County Planning Commission to both parties’
satisfaction.
h.
Nothing herein shall be construed to limit the right of an applicant to
contest or question by legal proceedings or otherwise, any
determination of the Planning Commission or County Engineer.
i.
When the County Engineer’s report indicates approval of all
required improvements, the bond may be reduced to an amount not
less than fifteen percent (15%) of all required improvements, at the
inception of the project. One hundred eighty days (180) after
completion of the project, a performance inspection shall be
performed. If all is acceptable, the surety shall be released in full.
Photos taken by staff at time of inspection will document items
completed.
Section 603. General: Subdivision Fees
Reasonable fees for examining plats and other required material shall be
proposed by the Planning Commission and approved by the Berkeley
County Commission. The amount of fees shall approximate, as closely as
possible, the cost of performing the review work. See attached fee
schedule in Appendix G.
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Berkeley County, West Virginia
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Article 7 – Required Improvements
Article 7 – Required Improvements
ARTICLE 7 - REQUIRED IMPROVEMENTS
Section 701 General
Minimum improvements and construction standards required for all Land
Development projects shall be as set forth in this Ordinance and in the applicable
design standards of other public agencies.
Section 702. Monuments and Markers
A.
Monumentation shall be set at the intersection of all lines forming
angles in the boundary of the Land Development.
B.
A minimum of two (2) monuments shall be placed within each block
of a subdivision and shall be designated as control corners. The
Planning Commission may require additional monuments at other
points.
C.
Monuments shall be placed so that the scored or marked point shall
coincide exactly with the intersection of the lines to be marked, and
shall be set so the top of the monument is level with the surface of
the surrounding ground. Monuments may be of the following two
types:
1.
Cut stone, 6" x 6" x 3' - 0 long with a drill hole in the center.
2.
Reinforced concrete, 6" x 6" x 3’ - 0 long with an obvious
marking of the center.
D.
The applicant shall bear the cost of replacing a disturbed
monument or marker until construction of the Land Development is
completed or the land in question changes ownership.
E.
Monumentation is required for all new or reestablished corners, or
reference monument for inaccessible corners, and is encouraged at
intervisible points between corners. Set monuments shall be made
of durable material and set firmly in the ground. Pipes shall have a
minimum inside diameter of one inch (1”), while rebars shall have a
minimum outside diameter of five-eighths inch (5/8”) and both shall
have a minimum length of thirty inches (30”). Other markers shall
have a minimum cross-sectional area of one-half square inch (1/2)
and shall be made of durable material, identifiable and unique.
Natural objects chosen for corners shall be durable, unique and
easily identifiable.
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Berkeley County, West Virginia
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Article 7 – Required Improvements
Section 703. Street Signs and Traffic Control Devices
A.
The applicant shall erect at every street intersection a street sign or
street signs having thereon the names of the intersecting streets.
At intersections where streets cross, there shall be at least two (2)
such street signs, and at the intersections where one (1) street
ends or joins with another street, there shall be at least one (1)
such street sign. Street signs shall be of a design approved by
Central Dispatch.
B.
Traffic control devices shall be in compliance with size, color,
location criteria and requirements for the installation of signs and/or
signals as set forth by the West Virginia Department of Highways.
Section 704. Street Improvements
A.
All streets shall be constructed in conformance with the standards
set forth in the West Virginia Division of Highways “Standard
Specifications for Roads and Bridges” as modified by “The
Manual of Street Standards, Berkeley County, West Virginia” as
may be amended from time to time and is attached as Appendix A.
Street Improvements shall be reviewed by the Berkeley County
Planning Commission and the Berkeley County Engineer. The
following standards shall also apply:
1.
The proposed plat shall provide for continuation of any
existing roads or streets (constructed or recorded) in
accordance with adopted highway plans, 911 mapping
and WVDOH County Road maps.
2.
A tract proposed for subdivision into parcels larger than
minimum required building lots and intended for future
subdivision rather than immediate development shall be
divided so as to allow for future opening of streets and such
further logical subdivision as can be foreseen.
3.
Developers/landowners are encouraged to coordinate and
negotiate with the adjoining developers/landowners to
provide interconnectivity of roads between subdivisions. It is
desirable to provide internal traffic circulation whenever
possible to avoid excessive intersection with State
Highways.
4.
Local streets shall be designed to discourage speeding
traffic.
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Berkeley County, West Virginia
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Article 7 – Required Improvements
5.
When, in the opinion of the Planning Commission and with
the agreement of the applicant, it is desirable to provide
street access to adjoining property, the proposed streets
shall be extended by dedication to the boundary of such
property.
6.
Proposed streets and highways shall be adjusted to the
contour of the land as far as practicable so as to produce
useable lots.
7.
Dead-end streets without cul-de-sacs or a turnaround are
prohibited except as stubs to permit future extensions to
adjoining tracts or where they are designed as cul-de-sacs.
Temporary cul-de-sacs, upon approval of the County
Engineer, may be constructed without asphalt base or
wearing course. The developer may be exempt from
providing curbing at the terminus of temporary cul-de-sacs,
unless curbs are required for drainage control. A temporary
cul-de-sac shall be removed by the applicant and replaced
with the permanent street upon extension of the existing
street.
8.
Cul-de-sacs shall be designed in accordance with Appendix
A so as to permit safe ingress and egress. Cul-de-sac
streets in excess of one thousand feet (1000’) are
discouraged, but permitted if it can be demonstrated that due
to topographic constraints shorter, dead end streets are not
feasible.
9.
Street names shall be approved by Central Dispatch but
names should not be proposed which will duplicate or be
confused with the names of existing or platted streets.
Proposed streets in alignment with existing or platted streets
should bear the names of the existing or platted streets, or
names as directed by Central Dispatch.
Section 705. Sidewalks
Except where exempted by the Planning Commission, at least one (1)
sidewalk shall be required:
A. On one side of arterial and collector streets to be built at the time
of street construction;
B. On one side of all L3 classed streets, to be constructed in
conjunction with development of the property;
C. On one side of any industrial street to be constructed at the time
of street construction;
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Article 7 – Required Improvements
D. In all Land Development Units, except Manufactured Home
Communities;
E. On one side of streets, which provide direct access to Single
Family Attached Dwellings, (Duplex, Triplex, Quadruplex, Town
House, etc.).
Sidewalks shall be designed and constructed in accordance with
the following requirements:
A. Sidewalks must be at least five feet (5’) wide.
B. Within twelve hundred feet (1,200’) of shopping centers, schools,
recreation areas and other high pedestrian traffic areas,
sidewalks must be at least six feet (6’) wide.
C. Sidewalks must be constructed in accordance with Standards and
Details provided by the Berkeley County Engineer, in Appendix A.
D. Where sidewalks are required, a planter strip separation of at least
four feet (4’) between curb or shoulder and sidewalk.
E. Any pedestrian walk(s) proposed in addition to required sidewalk
shall be approved by the County Engineer. Interior pedestrian
walks within blocks shall be located in easements not less than
ten feet (10’) in width.
F. Sidewalks shall be inspected by the County Engineer or his
designated agent after the forms have been placed, just prior to
the pouring of concrete and after completion of all work.
Section 706. Curbs
A.
Curbs may be installed in all land developments in order to control
storm water runoff, prevent erosion, prevent the deterioration of
public streets and provide a contained area for vehicular
movements, unless the street is an extension from a previous
phase of the development that does not have curbs.
B.
Curbs, when installed, shall be constructed on both sides of the
interior streets.
C.
Curbs shall be constructed of concrete and sized in accordance
with the details in Appendix A. Mountable curb shall be permitted
only in townhouse areas.
D.
Terminal concrete curb ends shall have an exposed face of two
inches (2”) and be tapered two feet (2’).
E.
When curbing is to be removed to construct a driveway or access
drive, the length of curbing to be removed shall be carried to the
nearest expansion joint or saw cut if the joint is located less than
five feet (5’) from the end of the curb removal.
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Berkeley County, West Virginia
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Article 7 – Required Improvements
F.
Vertical curb height at driveway entrances may be reduced to a
minimum of one and one half inches (1 ½”) for driveway entrances
along streets where curbs are required.
G.
No partial breakout of the curb shall be permitted. No cutting of the
curb shall be permitted without approval by the County Engineer.
H.
Curb ramps must be installed in accordance with Americans
with Disabilities Act (ADA) requirements.
Section 707. Culverts
When natural drainage channels intersect any driveway or street right-of-way, the
applicant shall have satisfactory culverts and bridges designed and constructed.
Where culverts are required, they shall conform to the Design Manual as
referenced in the Berkeley County Stormwater Management and Sediment and
Erosion Control Ordinance.
Section 708. Water Supply Improvements
The following requirements shall govern water supply provision and
improvements:
A.
All water supply sources and distribution systems, whether public or
individual lot, shall meet or exceed the minimum requirements of
the West Virginia Bureau of Health, Environmental Engineering
Division in effect at the time of development. The Planning
Commission shall require written approval and/or a permit from the
West Virginia Bureau of Health, Environmental Engineering
Division that the minimum requirements for water supply sources
have been met.
B.
If the water supply is to be on an individual lot basis and the lot also
contains its own sewage disposal system, the well shall be located
and constructed according to standards which shall
demonstrate/show the production of safe, potable drinking water.
C.
The proposed location of the well on each individual lot shall be
shown on the plats and satisfactory separation shall be shown
between the well and any proposed on-site sewage disposal
system. All proposed locations for well and septic systems shall be
approved by the West Virginia Bureau of Health, Environmental
Engineering Division.
Section 709. Sanitary Sewer Improvements
The following requirements shall govern sanitary sewage disposal:
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Berkeley County, West Virginia
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Article 7 – Required Improvements
A.
All sanitary sewage disposal systems, whether public or individual
lot, shall meet the minimum requirements of the West Virginia
Bureau of Health, Environmental Engineering Division in effect at
the time of the development.
The Planning Commission shall require written approval and/or a
permit from the West Virginia Bureau of Health, Environmental
Engineering Division that the minimum requirements for sanitary
sewage disposal systems have been met.
B.
When a proposed development is within one thousand feet (1,000’)
of an existing public sanitary sewer system, connections to the
public sanitary system sewers shall be provided to all lots within the
proposed development in accordance with State law and
regulations, if available and acceptable.
C.
When a public sanitary sewer system is not available, a watercarried sewage disposal system approved by West Virginia Bureau
of Health to serve the entire Land Development may be installed.
D.
If individual, on-lot sewage disposal systems are proposed, written
approval from the Health Department must be obtained. Sewage
disposal systems, drain fields, and any required septic reserve
areas shall be setback a minimum of one hundred feet (100’) from
any known sinkhole or sink.
E.
An Underground Injection Control (UIC) permit from the West
Virginia Department of Environmental Protection shall be required
for septic systems that serve commercial and industrial uses.
Section 710. Drainage Improvements
A.
All on-site storm water management improvements shall be in
accordance with the Berkeley County Storm Water Management
and Sediment and Erosion Control Ordinance.
B.
A drainage plan shall be submitted with the Preliminary Plan of any
Land Development, showing the proposed scheme of all surface
drainage. The construction of all drainage improvements shall be
subject to inspection of the County Engineer and approval of the
Planning Commission.
Section 711. Storm Sewers and Storm Water Drainage
The Berkeley County Storm Water Management and Sediment and
Erosion Control Ordinance is the controlling regulation for all land
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Berkeley County, West Virginia
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Article 7 – Required Improvements
developments. All applicants must refer to and comply with that
ordinance regarding storm water management regulations and
requirements.
Moreover, nothing contained herein shall be
construed to relieve an applicant from any obligation to comply with
the Berkeley County Storm Water Management and Sediment and
Erosion Control Ordinance, including all policies developed by the
County Engineer which are either based upon or which serve to
interpret the language contained in the Berkeley County Storm
Water Management and Sediment and Erosion Control Ordinance.
In addition:
A.
Storm sewers, culverts, drainage channels and related installations
shall be provided where necessary to:
1.
Permit unimpeded flow of natural water courses;
2.
Ensure adequate drainage of all low points along streets;
and
3.
Intercept storm water runoff along streets at intervals
reasonably related to the extent and grade of the area
drained.
B.
In determining the proper drainage of any Land Development, the
Planning Commission shall take into consideration and, if possible,
make provisions for existing or future drainage problems. As the
primary review agency for drainage plans, it shall be the
responsibility of the County Engineer to advise the developer and
the Planning Commission when additional or supplemental
drainage plans and provisions are appropriate, as well as the
proper nature and extent of such supplemental drainage plans and
provisions.
C.
If necessary, due to the applicant’s design, the Applicant may be
required to extend the storm drainage system beyond the
boundaries of the Land Development in order to conduct runoff to
an acceptable point of disposal. If so, the Applicant will be
responsible for securing all required drainage easements.
D.
Lots shall be laid out and graded to provide positive drainage in all
directions away from buildings and building sites.
E.
In the design of storm drainage installations, special consideration
shall be given to the avoidance of problems with erosion and
safety, which may arise from concentration of storm water runoff
over adjacent properties.
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Berkeley County, West Virginia
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Article 7 – Required Improvements
F.
All storm drainage systems shall be designed per the requirements
as prescribed Berkeley County Storm Water Management and
Sediment and Erosion Control Ordinance and its references without
overflowing the system at any point.
Section 712. Community Open Spaces and Provision of Recreational Amenities
A.
Section 713.
A single-family residential subdivision/development with fifteen (15)
or more lots wherein the average lot size is one-half of an acre or
less shall include community open spaces for the use and
enjoyment of its residents. The community open space shall
consist of an area of not less than ten percent (10%) of the total
acreage contained in the development parcel but in no case less
than five thousand (5,000) square feet. The required open space
may be constituted by two (2) or more non-contiguous parcels, so
long as the Applicant can demonstrate to the satisfaction of the
Planning Commission that all of the open space areas provided are
actually usable for passive or active recreational purposes. Where
proposed development adjoins an existing or proposed open
space, the open spaces should be contiguous to already
established open space areas where feasible. The open space
areas shall be free of all other easements or encumbrances which
would otherwise limit their use for recreational purposes.
Off Site Extensions
If streets or utilities are not available at the boundary of a proposed Land
Development the applicant may be required, prior to advancement of the
Preliminary Plan, to obtain necessary easements or rights-of-way.
Such improvements may be made available for connections by subsequent
development of adjoining land.
Section 714. Provisions for Maintenance and Operation
When the Land Development contains park areas, tot lots, streets, or other
physical facilities necessary or desirable for the welfare of residents which are of
common use and benefit and which are of such character that:
A.
no public body may legally acquire or operate and maintain the
facilities;
B.
no public body which, if established, could legally operate and
maintain such facilities, or;
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Berkeley County, West Virginia
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Article 7 – Required Improvements
C.
a public body in existence which may legally operate the facilities
but refuses or does not desire to operate and maintain the facilities,
then the Applicant shall establish, prior to approval of the final plan
by the Planning Commission, a homeowners association that will
operate and maintain such facilities described above.
Such homeowners association shall be funded by the Developer and shall
be sustained by assessment of the property owners. Authority for the
homeowners association and the covenants in the proposed deed shall be
reviewed and approved by the Legal Counsel to the Planning
Commission.
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Berkeley County, West Virginia
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ARTICLE 8-OFF-STREET PARKING, BUFFERING
AND SCREENING
Article 8 – Off-Street Parking, Buffering and Screening
ARTICLE 8 – OFF-STREET PARKING, BUFFERING AND SCREENING
Section 801
Off-Street Parking
Any of the following permitted uses shall be provided with not less than the
minimum parking spaces as set forth below in Tables 8-1 A and 8-1B. When the
computation of required parking spaces results in a fractional number, any
fraction equal to or exceeding one-half (1/2) space shall be counted as one; any
fraction less than one-half (1/2) space may be dropped. Parking available in
public rights-of-way shall not be considered in determining whether or not the offstreet parking requirements of this Article have been met. The additional required
off-street parking for Categories 7, 8 and 9 in Table 8-1 below are best provided
by consolidating them into private parking lots. The Planning Commission may
increase or decrease the parking requirements to provide adequate and proper
parking for a proposed use by considering and comparing criteria for other and
similar uses as specified in this Article or by reviewing data gathered on existing
similar uses.
When a change in intensity of the use of any building would increase the required
parking by ten (10) or more spaces cumulatively, from the date of this Ordinance,
through an addition or change in the number of dwelling units, gross floor area,
gross leasable area, seating capacity or other units of measurement specified
herein, the increment of additional parking shall be provided/required in
accordance set forth in this Ordinance and all applicable sections
.
If fewer then ten (10) spaces are required by a change or series of changes in
use, the County Planning Commission, upon positive recommendation from
County Staff, may waive up to the incremental required number of parking
spaces following the guidelines of Section 1203.
The County Planning Commission Staff, with recommendation from the County
Engineer, may increase or decrease parking requirements to provide adequate
and proper parking for a proposed use not specifically covered in the Tables
below, or upon request by an applicant, by considering and comparing other and
similar uses as specified in this Article or by reviewing data gathered on existing
similar uses. Variations in the number of parking spaces in the tables provided
will require a waiver.
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Berkeley County, West Virginia
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Article 8 – Off-Street Parking, Buffering and Screening
TABLE 8-1A
Land Uses – Residential
Residential Uses
Required Parking Spaces
1. Bed and Breakfast
1 parking space for each sleeping room, plus 2
parking spaces for the permanent residents.
2. Boarding House Lodging/Rooming
House
1 parking space for each sleeping room, plus 2
parking spaces for the permanent residents.
3. Group Home
1 parking space for each sleeping room, plus 2
parking spaces for the permanent residents.
4. Congregate Care Residence
1.5 parking spaces for each congregate care unit,
plus 1 parking space for each employee on the
largest work shift.
5. Continuous Care Retirement
Community
1.5 parking spaces for each dwelling care unit, plus 1
parking space for each sleeping room, plus 1 parking
space for each employee on the largest work shift.
6. Nursing/Convalescence Home
1 parking space for every three (3) beds plus one (1)
parking space for every 400 square feet of
administration area.
7. Multi-family Dwelling/Apartments
1.5 spaces for each one (1) bedroom apartment
unit; 2.0 spaces for each two (2) or more bedroom
apartment units; plus, one (1) parking space for
each on-site employee.
1 additional external parking space per each two
(2) or more bedroom dwelling units must be
provided.
3 parking spaces for each dwelling unit. For the
purposes of this Ordinance, when one or two parking
spaces are required for dwellings, an attached or
unattached garage or carport (minimum 10’X 18’), on
the premises shall be considered as parking space.
A minimum of 1 parking space per dwelling unit must
be provided off-site.
8. Single Family Attached Dwelling
9. Single Family Detached Dwelling
Subdivision Ordinance
Berkeley County, West Virginia
2 parking spaces for each dwelling unit. For the
purposes of this Ordinance, when one or two parking
spaces are required for dwellings, an attached or
unattached garage or carport (minimum 10’X 18’),
on the premises shall be considered as parking
space. 1 additional external parking space per
dwelling unit must be provided.
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Article 8 – Off-Street Parking, Buffering and Screening
Table 8-1B.
Non-residential Uses
Land Uses – Non-residential
Required Parking Spaces
1. Hospital
1 parking space for every three (3) hospital beds
plus one (1) parking space for every 400 square
feet of administration area.
2. Hotels and Motels
1 parking space for each guest room plus 1
space for every 2 employees of the largest work
shift.
3. Industrial Uses
1 parking space for every 600 square feet of
gross floor area used for industrial purposes
(processing, assembly, treatment, storage,
fabrication, etc.) or one (1) parking space for
every two (2) employees on the two largest
shifts, which ever is greater plus 1 parking space
for every 400 square of office/administration
area.
4. Laundromat
1 parking space for every three (3) washing
machines.
1 parking space for every 400 square feet of gross
floor area.
1 parking space for every 400 square feet of
office area plus 1 space for every 50 square feet
of assembly area.
5. Library, Museums. Galleries,
Places of Worship
6. Membership Organizations, Civic
and Fraternal
Organizations, Clubs
7. Medical Center (Clinic)
8. Office Building, Professional
Office, Business
9. Office Building, Banks and
other office activities with
moderate to heavy use
Subdivision Ordinance
Berkeley County, West Virginia
1 parking space for every 200 square feet of gross
floor area.
1 parking space for every 200 square feet of gross
floor area.
1 parking space for every 200 square feet of gross
floor area PLUS five (5) reservoir spaces for each
drive-up window exclusive of driveways or access
areas.
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Article 8 – Off-Street Parking, Buffering and Screening
10. Personal Services (Barber
Shop, Beauty Shop, etc.)
Minimum of 3 spaces. For barber shops and
beauty shops, 2 parking spaces for each operator
chair. (Note: Chair does not include dryer chairs,
washing/rinsing chairs, or waiting area chairs.)
11. Public Stable
1 parking space for every four (4) horse (animal)
stalls.
1 parking space for every 400 square feet of
gross floor area plus 1 parking space for each
stored vehicle.
12. Public Utilities and Facilities
13. Recreation Areas
a. Athletic Fields
20 parking spaces for each field.(On-street
parking on local streets can qualify for required
parking for public fields)
b. Basketball Courts
5 parking spaces for each court.(On-street
parking on local streets can qualify for required
parking for public courts)
3 parking spaces for each alley.
1 gravel parking space for every campsite.
6 parking spaces for each golf hole.
2 Land Uses - Non-residential parking spaces
for each driving tee.
3 parking spaces for each golf hole.
c. Bowling Alley
d. Campground
e. Golf – Regulation, GolfDriving Range, GolfMiniature
f. Park
g. Rifle or Archery Range
2 parking spaces for each acre.(On-street
parking on local streets can qualify for required
parking)
1 parking space for each target area.
h. Skating Rink (Indoor or
Outdoor)
i. Swimming Pool
1 parking space for every 100 square feet of
skating area.
1 parking space for every 20 square feet of
swimming pool surface area plus 1 parking
space for every 300 square feet of building area.
j. Tennis and Racquetball Courts 2 parking spaces for each court, plus one (1)
parking space for every 200 square feet of
clubhouse and non-court floor area.
k. Theaters/Auditoriums
Subdivision Ordinance
Berkeley County, West Virginia
1 parking space per every two (2) seats.
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Article 8 – Off-Street Parking, Buffering and Screening
14. Restaurant/Tavern
1 space for every 100 square feet of gross floor
area or 1 space for every two (2) persons
allowed within the maximum occupancy,
whichever is greater.
15. Restaurant - Fast Food, Carry
out, Deliveries
a. Restaurant with Seating
1 parking space for every 50 square feet of gross
floor area or 1 parking space for every two (2)
persons allowed within maximum occupancy,
whichever is greater.
b. Restaurant without Seating
1 parking space for every 100 square feet of
gross floor area with a minimum of ten (10)
spaces.
c. Restaurant with Drive Through In addition to the spaces required above, eight
(8) stacking spaces for the drive-in window with a
minimum of five (5) of these for the ordering
station. Such spaces shall be designed to not
impede pedestrian or vehicle circulation on the
site or abutting street.
16. Retail, General
a. Under 2,000 square
1 parking space for every 250 square feet of
feet
gross floor area.
b. 2,000 to 75,000
1 parking space for every 275 square feet of
square feet
gross floor area.
c. Over 75,000 square
1 parking space for every 300 square feet of
feet
gross floor area.
17. Retail, Grocery and Convenience 1 parking space for every 200 square feet of gross
Store
floor area.
18. Schools (Private)
a. Elementary. Secondary
1 parking space for each classroom plus 1 space
for every 400 square feet of administrative floor
areas or 1 parking space for each six (6) seats in
an auditorium or other places of assembly,
whichever is greater.
b. High School
2.5 parking spaces for each classroom plus 1
parking space for every 400 square feet of
administrative floor areas or 1 parking space for
every six (6) seats in an auditorium or other
places of assembly, whichever is greater.
c. Trade, Technical
1 parking space for every two (2) students based
on the design capacity of the building(s) plus 1
parking space for every 400 square feet of
administrative floor area.
Subdivision Ordinance
Berkeley County, West Virginia
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Article 8 – Off-Street Parking, Buffering and Screening
d. Studios (Art, Dance, Karate,
etc.)
1 parking space for every 300 square feet of gross
floor area.
19. Self-Service Storage Facility
1 parking space for each employee.
20. Veterinary Services/Hospital
1 parking space for every 500 square feet of gross
floor area.
1 parking space for each two (2) employees on
the two largest shifts.
21. Warehousing, Trucking
Section 801.1 Design and Construction Standards
All off-street parking areas shall conform to the following standards (See
illustration in Appendix A):
1.
Parking Spaces
All parking spaces per vehicle shall be not less than nine feet (9’)
wide and eighteen feet (18’) long, except handicapped, and
conform to requirements provided on Table 8-2 below.
2.
Aisle Widths in Parking Lots
For angled parking spaces in parking lots, stall dimensions and
parking lot aisle dimensions shall be not less than those listed in
Table 8-2 below. The depth of any parking stall may be reduced by
two feet (2’) for any space that directly abuts a vegetated,
unobstructed buffer area that allows vehicles to overhang.
TABLE 8-2 - Park Space and Aisle Widths
Parking
Parking
Parking Lot
Angle of Parking
Space Stall Space Stall Aisle Width
Spaces
Width
Depth*
- One-Way
(Feet)
(Feet)
Isle (Feet)
90 Degrees
9
18
18
60 Degrees
9
18
18
45 Degrees
9
18
13.5
30 Degrees
9
18
12
Parallel
8
22
12
Parking Lot
Aisle Width
Two-Way Aisle
(Feet)
24
20
20
20
20
*Depth of parking space stalls is the measurement from the curb or edge of the
parking space toward the interior portion of the space to be occupied by a parked
vehicle and does not include any part of the aisle or driveway.
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
3.
4.
Entrances, Circulation, Vehicle Movement
a.
No parking shall be provided or permitted along the
circulation roads or exit and entrance drives. Roads shall be
uniform in width, smooth flowing, and provide for ninety (90)
degree intersections wherever possible.
b.
Entrance and exit drives shall be a minimum of eighteen feet
(18’) wide for any one way use and a minimum of twenty-five
feet (25’) wide for two way use. Fire lanes shall be provided
where determined necessary by the County Engineer and
shall be a minimum of twenty-five feet (25’) wide.
c.
All dead end parking lots shall be designed to provide
sufficient turn around area for the end stalls of the parking
area as detailed in Appendix A.
d.
Parking lot areas shall be designed so that each motor
vehicle may proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicle.
e.
Off-street parking areas, when required, for buildings with
three (3) or more dwelling units shall have no more than one
(1) ingress and/or one (1) egress from any public street per
building.
Multi-family dwelling units and non-residential uses
Parking lots and spaces for multi-family dwelling unit structures,
and non-residential uses shall be readily accessible to the
buildings served. Such parking spaces shall conform to the
following requirements:
a.
Required parking lots and parking spaces shall be linked to
the principal use which they serve by sidewalks and shall
be located within one hundred fifty feet (150’) of the principal
building or use.
b.
Required parking spaces for a building or use may be
located across a street with the following conditions:
(1)
A crosswalk shall be constructed to ensure safe
pedestrian access to and from the parking lot. The
design of the cross walk shall consider the speed
limit, sight distance, visibility, road conditions, and
other safety factors.
(2)
Safety lighting shall be provided at the crosswalk to
illuminate the cross area when the parking area is
used in early morning or at night.
(3)
A sign shall be provided on each side of the road to
warn oncoming vehicles of the presence of the
crosswalk.
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
c.
5.
The distances specified herein shall be measured from the
nearest point of the parking lot to nearest point of the
principal building or use for which the parking lot is to serve.
Semi-Trailer Truck Parking Spaces
Where truck parking is required to be provided, the minimum
width of a truck parking space shall be twelve feet (12’) and the
minimum depth shall be sixty feet (60’). Aisle widths in truck
parking lots shall be fifty-five feet (55’).
6.
7.
Setbacks from Buildings, Lot Lines, Buffers and Street Right-ofWay
a.
All surface parking spaces and access drives shall be
located at least ten feet (10’) from any multiple dwelling
building, office, commercial, institutional, industrial, and
other similar non-residential buildings located on the lot.
The ten-foot (10’) corridors thus established between the
parking area and building shall be for the purpose of
providing a pedestrian access walkway.
b.
All parking spaces and access drives shall be at least eight
feet (8’) from any exterior lot line, except where a buffer
yard is required. In that situation, the parking lot shall be at
least two feet (2’) from the buffer yard.
c.
Except at designated entrance and exit drives, parking areas
shall be physically separated from any public and/or private
street right-of-way by a minimum ten feet (10’) vegetative
planting strip. In no case shall parking areas be designed to
require or encourage cars to back into a through street in
order to leave the parking area.
d.
No off-street parking area shall be located within a West
Virginia DOH public right-of-way.
Handicapped Parking
Paved handicapped parking spaces shall be provided for all uses,
with the exception of single family attached, single family detached
and two-family residential uses, and shall comply with the location,
size, marking, and ingress and egress requirements set forth
herein. Each reserved parking space for the physically
handicapped person shall be not less than eight feet (8’) wide and
shall include a minimum five foot (5’) wide aisle to allow for
wheelchair access. The number of accessible parking spaces
required is provided on Table 8-3 below.
In addition to the number of accessible parking spaces required in
Table 8-3, spaces shall be provided to accommodate vans.
Parking for vans shall be at the rate of one (1) in every six (6)
handicapped accessible parking spaces required in Table 8-3.
Each reserved van parking space shall be not less than eleven feet
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
(11’) wide and shall include an eight foot (8’) wide aisle to allow for
wheelchair access. If only one (1) accessible parking space is
required it shall be a van parking space.
TABLE 8-3 Handicapped Accessible Parking Space
Total Number of Parking Spaces In
Parking Lot
Up to 25
Required Number of Handicapped
Accessible Parking Spaces
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
1
501 to 1000
2 % of Total Parking Spaces
20 spaces plus 1 for every 100 parking
Over 1000
spaces over 1000
In all cases, minimum standards for handicapped parking shall comply with
current American National Standards Institute (ANSI) criteria.
8.
9.
Parking Lot Lighting
a.
All multi-family and non-residential parking areas shall be
adequately lighted during after dark operating hours.
b.
Any lighting used to illuminate off-street parking areas,
shall be full cut-off and reflect the light away from
adjacent properties and public right-of-way. Light
standards shall be protected from vehicular traffic by
curbing, concrete barriers or guard rail.
Curb Radii
Where curbs are provided in parking lots for light standards and
islands, a minimum five-foot (5’) radius curvature shall be required
at the face of all curb lines.
10.
Parking Lot Surfacing
All off-street parking areas shall be paved. All driveways which
provide ingress and egress to off-street parking areas which enter
or exit onto an improved street shall be paved in accordance with
West Virginia Division of Highway specifications, as amended.
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
An alternative surface to pavement may be approved for overflow
parking areas.
11.
Parking Lot Landscaping
Parking areas shall have landscaping strips of a minimum width of
ten feet (10’) and depth equal to the parking stalls in order to
separate the parking spaces from the entrance and exit drives and
circulatory roads.
In addition, all parking lots with twenty (20) or more spaces shall be
provided with interior landscaped areas equal to ten (10) square
feet for each parking space, excluding those spaces located directly
along the perimeter for which landscape screens may have been
otherwise provided. The intent of this subsection is to require
landscaping within parking lots; therefore, landscaping screens,
planting strips and landscaping surrounding buildings shall not be
considered as parking lot interior landscaping.
a.
The interior landscaping shall be provided within
curbed island planters having a minimum area of fifty (50)
square feet. The interior parking lot landscaping shall be
placed so as to delineate driving lanes, define rows of
parking lot and generally to mitigate the visual impact of
parking lots.
b.
The interior parking lot landscaping shall be
composed of a combination of shrubs and trees. At least one
shade or ornamental tree shall be required for each twenty
(20) parking spaces.
c.
In order for the Planning Commission Staff to
determine compliance with the requirements of this Section,
a plan shall be submitted showing the proposed design of
the interior landscaping. Said plan shall include a plant
schedule and sufficient information as required for the
installation of the landscaping.
12.
Service Traffic
Customer and service traffic shall be separated whenever
possible. Loading and unloading areas shall be located as not to
interfere with customer parking areas.
13.
Fuel dispensing facilities and drive-thru services
Queuing areas shall be designed so as not to interfere with normal
traffic flow or required parking.
Subdivision Ordinance
Berkeley County, West Virginia
8-10
Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
14.
Parking Lot Isle Length
Parking isles shall not be longer than three hundred (300’) feet
without providing a circulatory road.
15.
Traffic Control
Entrance and exit arrangements, acceleration and deceleration
lanes, public access roads and traffic signals may be required,
upon recommendation of the County Engineer using AASHTO and
WVDOH standards, depending on the size of the development
complex, the anticipated traffic, and the condition of the public
roads.
16.
Parking Area Permitted
Large parking lots shall be divided into parking areas which should
not exceed three hundred feet (300’) long and a width of four (4)
parking lanes or two hundred forty feet (240’). These areas shall
have their entire perimeter defined by curbs, walks, landscaping
strips, or other divides to control traffic to the parking lanes.
17.
Marking
Parking spaces shall be defined by lines painted or so marked
with a road surface tape with a minimum width of four inches (4”).
Section 801.2
Loading and Unloading Spaces
1.
In addition to the off-street parking requirements set forth herein,
any building erected, converted, or enlarged for commercial, office,
manufacturing, institutional, hospital, or other similar uses requiring
the delivery or pick up of products or materials shall provide
adequate off-street areas for the loading and unloading of vehicles.
Such areas shall be provided for as shown on Table 8-4 on page
8-12.
2.
All off-street loading and unloading areas shall be provided and
maintained so long as the use exists which the facilities were
designed to serve.
3.
Off-street loading facilities shall be designed to conform to the
following specifications.
a.
Each required berth shall be not less than twelve feet (12’) in
width, forty-five feet (45’) in length and fourteen feet (14’) in
height, exclusive of drives and maneuvering space, and
located entirely on the lot being served. For uses that are
less than five thousand (5000’) square feet in gross floor
area, the dimension of the required loading space may be
reduced to thirty-six feet (36’) in length by fifteen feet (15’) in
width.
Subdivision Ordinance
Berkeley County, West Virginia
8-11
Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
b.
There shall be appropriate means of access to a street or
alley, as well as adequate maneuvering space.
Maneuvering space for tractor trailer shall be a minimum of
seventy-five feet (75’).
c.
All accessory driveways and entrance ways shall be graded,
surfaced and drained in accordance with applicable codes
and ordinances of the County.
d.
The area of a loading berth or space and its driveways shall
be graded, surfaced with an impervious surface (e.g. asphalt
or concrete) or other stable material and drained in
accordance with this Ordinance.
e.
Parking and Loading areas shall be kept open and free from
obstruction, product display or other accessory type uses.
Loading areas, when in the opinion of the County Engineer
safety is not compromised, may be placed in remote parking
lot drive aisles.
Land Use
Commercial, wholesale,
manufacturing,
hospitals, institutional,
similar uses
TABLE 8-4
Gross Floor Area
(Square Feet)
Under 5,000
36’ x 15’ (Optional)
Under 8,000
1
Over 8,000 to 40,000
2
Over 40,000 to 100,000
3
Over 100,000 to 250,000
4
Each addition 200,000
1
Office Buildings or hotel/motels Under 100,000
Section 801.3
1.
Required Loading Spaces
1
Over 100,000 to 300,000
2
Over 300,000
3
Changes in Requirements
Existing Parking
Buildings and uses in existence on the effective date of this
Ordinance shall not be subject to the requirements of this Article,
except those required by ANSI, unless the use of the building is
changed. Parking facilities now serving such buildings and uses
shall not in the future be reduced.
Subdivision Ordinance
Berkeley County, West Virginia
8-12
Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
2.
Changes in Requirements
Whenever there is an alteration of a building or a change or
extension of a use which requires additional parking spaces to
conform to the requirements of the Ordinance, the total additional
parking required for the alteration, change or extension shall be
provided in accordance with the requirements of this Ordinance.
Section 801.4
Continuing Obligation
All required parking facilities shall be provided and maintained so long as
the use exists which the facilities were designed to serve. Off-street
parking facilities shall not be reduced in total number of spaces or area
after their provision, except upon the approval of the County Planning
Commission and then only after proof that, by reason of a decrease in
floor area, seating area, number of employees or change in other factors
controlling the regulation of the number of parking spaces, such reduction
is in conformity with the requirements of this Article. Reasonable
precautions are to be taken by the owner or sponsor of particular uses to
assure the availability of required facilities for the employees or other
persons whom the facilities are designed to serve. They shall at no time
constitute a nuisance, hazard or unreasonable impediment to traffic.
Section 802
Minimum Buffer and Screening Requirements
Section 802.1
Buffers
Buffers required by this Ordinance are intended to separate different land
uses from each other at a reasonable distance in order to minimize or
eliminate potential nuisances such as dirt, litter, noise, glare, signs,
buildings, parking areas. Buffers are also intended to provide spacing
between uses and structures to reduce the adverse impacts of noise,
light, odor or danger from fire and explosions.
a.
General Buffer Requirements
i.
A buffer, when and if required by this ordinance, shall be
provided along the perimeter of a lot for any given use and
shall not be located in any portion of a public right-of-way or
proposed right-of-way.
ii.
Buildings shall not be permitted in a buffer yard.
iii.
Parking lots and parking spaces shall not be permitted in a
buffer yard.
iv.
Storage of any kind shall not be permitted in a required
buffer yard.
v.
Stormwater management facilities, public utility facilities,
picnic areas, or pedestrian walkways and sidewalks shall be
permitted in a buffer yard.
vi.
A buffer may be part of a front, rear or side yard.
Subdivision Ordinance
Berkeley County, West Virginia
8-13
Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
b.
Land Use and Buffers
i.
Buffer area and screening in accordance with Section 802.2
and Table 8-5 shall be provided as follows:
Section 802.2
a)
A buffer of twenty-five feet (25’) shall be
required between a commercial use and a
residential use. Screening shall be provided in
the buffer.
b)
A buffer of twenty-five feet (25’) shall be
required between a multi-family residential use
and a single family/two family residential use.
Screening shall be provided in the buffer.
c)
A buffer of one-hundred feet (100’) shall be
required between any industrial use and a
residential use. Screening shall be provided in
the buffer.
d)
A buffer of twenty-five feet (25’) shall be
required between any industrial use and a
commercial use or public right of way.
Screening shall be provided in the buffer.
Screening
Screening and screens required by this Ordinance are intended to provide
an effective visual barrier at the street level between conflicting uses. This
section provides standards and options for the design, and installation of
plants, fences and walls in the County in accordance with the following
guidelines:
a.
Table 8-5, "Screening Requirements," outlines below the screening
required by this Ordinance. The Screening Options on page 8-17
describe the various options for screening. Screening options 1, 2,
3 and 4 provide flexibility to the applicant through various
combinations of evergreen and deciduous trees, hedges, fences,
and walls for screening. The suggested alternatives are screening
alternatives A and B available for negotiation as necessary. All
standards for screening shall be met at the time of planting except
that a hedge is expected to reach a mature height of six feet (6’).
b.
All required tree planting and landscaping used for screening shall
comply with all landscaping requirements of this Ordinance. All
physical and vegetative screening shall be maintained in good
condition, repaired and replaced by the property owner when
deemed necessary by the County Planning Commission.
c.
The County Planning Commission may approve a different
screening plan if in its opinion such a plan is warranted and
acceptable.
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
TABLE 8-5 Screening Requirements
Option
s
1
2
Requirements
Minimum Size
Wall
Deciduous trees
Hedge
6 feet in height
2” in caliper
6 feet in height
Evergreen trees
4 feet in height
Evergreen trees
6 feet in height
Deciduous trees
2” in caliper
3
Minimum
Spacing
N/A
N/A
N/A
Ten (10’) feet on
center
Ten (10’)feet on
center
Fifteen (15’) feet
on center
Fence
6 feet in height
N/A
Hedge
6 feet in height
N/A
4
Wall/Fence
Alternatives
6 feet in height
Alternative
Evergreen trees
A
Hedge
Berm constructed 3 feet in
height with ground cover
Alternative Evergreen trees on
prescribed side of berm
B
Wall/Fence on top of berm
4 feet in height
2 feet in height
NA
6 feet in height
3 feet in height
N/A
Ten (10’) feet on
center
N/A
Maximum
3:1 slope
Six (6’) feet on
center
N/A
Alternative
Negotiated between applicant and the Planning Commission
C
Section 802.3
Dumpster Screening
A.
Outside commercial trash, refuse or recycling dumpsters shall be
located within a three-sided enclosure sufficient to screen such
containers from sight from all adjacent properties and from any
adjacent roads, streets or other access ways.
B.
Where more than one residential unit makes use of outside trash,
refuse or recycling dumpsters, cans, bins or other containers or
when more than one residential unit makes use of an area
designated for such containers, then either the container(s) or the
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval – April 2009
Article 8 – Off-Street Parking, Buffering and Screening
area shall be screened by an enclosure from all adjacent properties
and from any adjacent roads, streets or other access ways.
Subdivision Ordinance
Berkeley County, West Virginia
8-16
Draft with CC approval – April 2009
Article 9 –Planned Unit Developments
Article 9 –Planned Unit Developments
ARTICLE 9 – PUD’s - PLANNED UNIT DEVELOPMENTS
Section 9.01 General Provisions
The purpose of this article is to encourage the planned development of land in larger
parcels. Large development units require intensive private planning and capital
investment to achieve smooth traffic flow, provide infrastructure, and create adequate
residential services. They comprise an essential aid to local governments to meet the
challenges posed by rapid growth. Planned Unit Developments promote economical
and efficient use of the land and provide for diversity in housing choices with varied
levels of community amenities and adequate open spaces appropriate to the community
they serve. The intent of these “PUD” regulations is to permit greater flexibility and
more creativity in the design and development of residential and commercial areas than
is possible under conventional standards.
Definition of PUD: A planned unit development for purposes of this Ordinance shall be
defined as a mixed-use community, which utilizes four (4) or more of the following land
uses:
1.
2.
3.
4.
5.
Single-family detached housing
Single-family attached housing
Multi-family housing
Commercial
Recreational amenities such as golf courses, swimming pools, tennis
courts, or other major recreational facilities, exclusive of small
neighborhood play areas.
Section 9.02 Requirements for Planned Unit Development
A.
Ownership: The tract of land to be approved for development as a “PUD” must
be in single ownership with proof of that ownership submitted to the Planning
Commission by no later than review and recommendation for advancement of
the sketch plan. Equitable ownership arising from binding contracts to purchase,
subject to development approvals, meets the requirement of this section.
B.
The specific site shall be located adjacent to adequate roadway facilities capable
of serving existing traffic, and of being upgraded to serve future increased traffic
generated the existence of the “PUD”.
C.
All “PUDs” shall be served with public water and public sewer meeting the
requirements of public utilities of this Ordinance and of the West Virginia State
Department of Health and providing sufficient storage, flow capacity, and fire
hydrants to meet the requirements of the Insurance Service Office.
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval –April 2009
Article 9 –Planned Unit Developments
Section 9.03 Review and Approval Process
Flexibility in site design is inherent in the “PUD” process. The Planning Commission
may modify specific requirements and may establish other requirements deemed
necessary to satisfy the purpose of this Article.
The review and approval of “PUDs” is a multi-step process. Those steps are:
1. Sketch Plan Review and Public Hearing
2. Preliminary Plan Review and Advancement to Final Plan Review
3. Final Plan Review, Public Hearing and Approval
Following sketch review, the review of the development plans may be combined when
appropriate for smaller developments.
The Sketch Plan, the Preliminary Plat, and Final Plan shall be prepared by a licensed
architect, a licensed landscape architect, a professional engineer, or a licensed
surveyor (licensed to practice in West Virginia), to the extent, each is allowed to practice
by law.
A.
Design and Development Schedule: It is the intent of this Ordinance
that the “PUD” not be a speculative device. The Sketch Plan as submitted
by the applicant shall reflect the actual development to be designed and
constructed within an anticipated time frame. Each phase of the design
and development review process must occur within specified periods. If
the applicant fails to submit his plans, or if construction does not
commence, the “PUD” as specified by this Ordinance, shall automatically
be voided unless a revision to the schedule has been granted by the
Planning Commission.
1. Sketch Plan Submission and Review: The developer shall submit
to the Planning Commission the sketch plan. The purpose of the
sketch plan review is to provide an exchange of information between
the developer and the Planning Commission staff. The intent is that
the developer provide the Planning Commission staff with general
information for the layout, range of density, range of residential and
commercial allocation, specific uses, and anticipated development
schedule. The Planning Commission shall within thirty (30) days hold a
public hearing once the application is adjudged to be an official
submission.
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Berkeley County, West Virginia
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Article 9 –Planned Unit Developments
2. Preliminary Plan Review and Advancement: The applicant shall
submit the Preliminary Plan within one (1) year of the sketch plan being
adjudged to be complete by the Planning Commission. Requests for
extension may be granted by the Planning Commission for good cause.
In determining whether advancement should be given to the
Preliminary Plan, the Planning Commission at its public meeting shall
be guided by the design standards set forth in this Ordinance.
Advancement of a Preliminary Plan by the Planning Commission shall
have the meaning as set forth in Section 305.3 of this Ordinance.
3. Final Plan Review and Approval: Following advancement of the
Preliminary Plan, the applicant shall submit the Final Plan within
one year for Planning Commission review. The site plan review
shall be for the entire “PUD”, or for any individual phase or
phases of the project.
Requests for extension may be granted by the Planning
Commission for good cause. The Final Plan shall be approved or
disapproved, or held by the Planning Commission, as set forth in
in Section 306.2 of this Ordinance.
Section 9.04: Content and Format of Application
Sketch Plan: Please refer to Article 4, Section 401 for requirements.
These standards are intended to ensure that the “PUD” is compatible with neighboring
properties and that it provides a quality living environment for its residents. The
standards established for any “PUD” are considered prima facia to be acceptable to the
developer and may not be the subject of appeal for a waiver.
A. Density:
The maximum gross density for a “PUD”, but not for individual elements within
the “PUD” is ten (10) dwelling units per acre. In determining the specific density
for a particular “PUD” or for any particular phase of a “PUD”, the Planning
Commission shall give consideration to and shall make findings of fact
concerning, at a minimum, the impact of the proposed development on adjacent
properties, the availability of public facilities, the impact of proposed development
on public roadways, the impact on public schools, fire and police protection, and
the availability of adequate open space.
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Berkeley County, West Virginia
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Article 9 –Planned Unit Developments
In making these determinations, planning commissions shall not unduly
withhold approval where these services can be provided in an orderly manner,
over time, to accommodate expected growth.
B. Tract Size:
There shall be no minimum tract size for a “PUD”. However, the tract size and
shape shall be appropriate for the development proposed as determined by the
Planning Commission.
C. Open Space:
Open space shall comprise an area of at least fifteen percent (15%) of the
proposed residential acreage. Such open space shall include land to be
developed as recreational areas or for the use of occupants of the Planned Unit
Development, but shall not include streets, off-street parking areas, or storm
water management/retention ponds. The County must be furnished satisfactory
evidence as a condition for approval that such open space area will be continued
and that perpetual maintenance is provided for. Maintained and operating golf
courses shall be counted as open space for the purpose of this section; however,
additional open space to accommodate all age groups within a planned unit
development shall be negotiated at the time of sketch plan review.
D. Landscaping:
All Land Development Plans shall contain a schedule for landscaping. The
landscaping schedule shall contain a planting schedule and a listing of
landscaping materials to be installed. Trees, shrubs, and other ground cover are
expected to be so designed as to provide enhancement of the overall layout.
Landscaping shall be considered an integral part of the “PUD” rather than an
optional amenity.
E. Buffer Requirements:
Buffer requirements are intended to protect existing or future development
adjacent to a proposed “PUD” from potentially adverse effects.
1.
Non-residential uses, except parks and golf courses, in the “PUD”
shall have a fifty-foot (50’) buffer yard along the common boundary
with any adjacent lot either within or outside of the “PUD” that is
proposed or is occupied by a residence. Existence of a street
between residential and non-residential uses meets the buffer
requirement of this section.
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Berkeley County, West Virginia
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Draft with CC approval –April 2009
Article 9 –Planned Unit Developments
2.
Any multi-family residential use, excluding townhouses, shall be
provided with a fifty-foot (50’) setback along its common boundary
with any lot proposed for, or occupied by a single family detached
dwelling either within or beyond the boundaries of the PUD.
3.
No structure, materials storage, or vehicular parking may be
permitted in the buffer yard.
4.
Buffer yards shall include adequate screening in accordance with
Article 8.
F. Walkways:
1.
Pedestrian connectors shall be installed for connections between
residential and non-residential portions of the PUD. The method of
connection shall be negotiated with the Planning Commission at the
Sketch Plan stage in order to safeguard the privacy of residential
units, and provide pedestrian connections for the convenience and
safety of residents.
2.
When a proposed multi-family residential development is located
adjacent to an existing public transit route or where students
require school bus transportation, a bus waiting area consisting of
an impervious surface shall be provided at such location as
determined by the Planning Commission and the applicable
transportation or education agencies.
G. Building Spacing and Height Requirements:
In review of a PUD, the Planning Commission may negotiate the area, yard,
height and other design requirements if such modification will increase the
amenities of the development or foster desirable diversity in architectural and
community design.
H. Non-Residential Development:
1.
In general, non-residential development proposed as part of a
“PUD” shall be integral to the overall development and shall relate
well to residential areas in terms of pedestrian and vehicular
circulation. Setback requirements between non-residential and
residential uses within a PUD shall be as provided in this Article.
2.
The gross area for commercial uses shall be jointly negotiated
between the applicant and the Planning Commission taking into
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Berkeley County, West Virginia
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Article 9 –Planned Unit Developments
account the character and location of the PUD. Commercial uses
shall not be built or established prior to the residential development
without the prior approval of the Planning Commission.
Commercial uses may be built in phases consistent with phasing of
the residential construction.
3.
The Planning Commission may approve innovative and welldesigned proposals for the sharing of buildings or parking areas by
compatible residential and non-residential uses whenever it can be
demonstrated to the satisfaction of the Planning Commission that
such sharing is a logical and efficient use of buildings and land, and
that the peak operating hours for the respective uses will not be in
conflict.
I. Traffic Circulation and Parking:
1.
The Planning Commission shall determine that existing streets
outside of a PUD are of sufficient capacity or are capable of being
upgraded to serve existing traffic and all new traffic when fully
developed. New streets, within PUDs shall be designed and
constructed to handle all expected traffic when the PUD is fully built
out.
J. Phasing:
Different phases of the PUD may have different densities, so long as the overall
density of the Sketch Plan is followed and intent of the Sketch Plan is carried out.
Subdivision Ordinance
Berkeley County, West Virginia
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Draft with CC approval –April 2009
Article 10 – Factory Built Home Community
Article 10 – Manufactured Home Community
ARTICLE 10 – MANUFACTURED/MOBILE HOME COMMUNITY
Section 1001.
General
Manufactured/Mobile Home Communities, whether the individual lots are to be
leased or sold shall comply with the requirements as set forth in this Ordinance
and applicable sections of these articles.
Section 1002.
Design Standards
The following design standards shall apply to all Manufactured/ Mobile Home
Communities.
1.
Each Manufactured/ Mobile Home Community shall contain a
minimum of five (5) acres, including open space.
2.
Each Manufactured/ Mobile Home Community shall have a
minimum buffer area of twenty-five feet (25’) or more around the
perimeter of the property. Such buffer area shall not be occupied
by or counted as part of any individual lot.
3.
Each Manufactured/Mobile Home Community shall be provided
with a common entrance or entrances. Access to all homes within
a Manufactured/Mobile Home Community shall be from streets
within the Manufactured/Mobile Home Community. In no case shall
a home in any Manufactured/Mobile Home Community have
individual, direct access to any public street or highway.
4.
Layout of Lots
Individual lots shall abut a street. Side lot lines laid out in
rectangular blocks shall be diagonal to the street at an angle no
greater than thirty (30) degrees from perpendicular. Front and
rear lot lines in rectangular blocks shall be straight and continuous.
In cul-de-sac arrangements, the side lot lines shall be radial to the
street lines.
Corner lots for Manufactured/Mobile Homes shall have the home
situated to permit the required building set back from both streets
and allow proper sight distance.
5. Each lot shall be a minimum of seventy-five hundred (7,500) square
feet. Minimum lot width shall be seventy-five feet (75’). Each lot shall
be clearly defined by monuments or markers in accordance with the
requirements of this Ordinance.
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
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Article 10 – Manufactured Home Community
6.
Each lot shall be designed to fit the dimensions of the
Manufactured/Mobile homes anticipated as well as provide all
public utilities, pads, hookups, appurtenant structures and other
appendages.
7.
Setbacks of Manufactured/Mobile home pads may vary, subject to
plat review by the Planning Commission. In no case shall the
setback be less than twenty-five feet (25’) from any street, common
parking area, common use area, or built structure within the
Manufactured/Mobile Home Community.
8.
Front, Side and Rear setbacks shall be a minimum of ten feet (10’)
in width for each lot. If the rear of an individual lot abuts the twentyfive foot (25’) perimeter buffer area, then the rear setback may be
reduced to five feet (5’).
Section 1003.
Manufactured/Mobile Home Pad
All occupied homes shall be situated on a pad.
Each pad shall be constructed so as to comply with the requirements of the State
Building Code, as adopted by Berkeley County.
Section 1004.
Streets
All streets in Manufactured/Mobile Home Communities shall meet the
requirements set forth in this Ordinance. Curbs and gutters are not required for
Manufactured/Mobile Home Communities.
Section 1005.
Off-Street Parking
Off-street parking shall be provided in accordance with the requirements set forth
in this Ordinance as a residential street using the appropriate anticipated traffic
counts for the street classifications.
Section 1006.
Water and Sewage
Each Manufactured/Mobile Home pad shall be provided with a connection to a
water and sewer system approved by the Berkeley County Public Water Service
District, Berkeley County Public Sewer Service District, or the Department of
Health, Environmental Engineering Division.
Section 1007.
Utilities
All telephone, electrical and other distribution lines shall be installed in
underground conduits. No overhead lines shall be permitted. All underground
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
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Article 10 – Manufactured Home Community
utilities, sanitary sewers and drainage structures installed in streets shall be
constructed prior to the surfacing of such streets.
Section 1008.
Buffer strips, Screening and Landscaping
Screening will be provided within a buffer area twenty-five feet (25’) in width along
the entire perimeter of the Manufactured/Mobile home community in order to
separate the Manufactured/Mobile home community from the adjacent land
uses and roadways. Screening for the manufactured/mobile home park shall
include one of the following screening options provided on Table 10-1.
Table10-1 – Screening
Options
Minimum Tree Size Maximum Spacing Distance
Option 1
Wall/Fence
a Hedge
6’ in height
6’ in height
NA, with
NA
6’ in height
4’ in height
NA, plus
10’ on center
Evergreen Trees
Deciduous Trees
6’ in height
6’ in height, 2” caliper
6’ on center, plus
15’ on center
Section 1009
Accessory Structures
Option 2
A Hedge
Evergreen Trees
Option 3
Accessory structures shall be permitted in the rear yard no closer than five feet (5’)
from the rear or side lot lines of individual lots.
Section 1010.
Solid Waste Disposal
Outdoor collection stations shall be provided for garbage and trash removal when
curbside collection is not provided. Collection stations shall be located to avoid
being offensive and shall be screened from view and landscaped.
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
10-3
Article 11 –
RECREATIONALPARKS&CAMPGROUNDS
Article 11 –Recreational Vehicle Parks & Campgrounds
ARTICLE 11: RECREATIONAL VEHICLE PARKS & CAMPGROUNDS
Section: 1100. General
Recreational vehicle parks and campgrounds are intended to provide temporary sites for
staying outdoors.
Section: 1101. Design Standards
1.
2.
3.
4.
5.
6.
Each campsite shall contain a minimum of twelve hundred, (1,200) square
feet of space.
Camping units, including canopies and similar appurtenances, shall be
separated from other camping units on adjacent sites, all campground
buildings and structures by a minimum distance of ten feet (10’).
There shall be at least ten feet (10’) between a camping unit and any
campground street common parking area, or other common use areas.
For mass gatherings, at least twenty (20) square feet per person shall be
provided at the site for day time assemblage, and at least forty (40) square
feet per person shall be provided for overnight assemblage, exclusive of
parking.
Campground comfort stations shall provide for each twenty (20) campsites or
fraction thereof: one (1) water closet and one (1) urinal for males; two (2)
water closets for females; one lavatory for each sex; one (1) bathtub or
shower for each sex. A maximum of forty (40) sites may be serviced per
building.
Campgrounds shall be a minimum of five (5) acres in size.
Section: 1102. Streets and Parking
1.
2.
3.
4.
5.
The entrance street to the check in location shall be designed as a Class
L2 street.
Interior roads shall be designed as a Class L1-Gravel.
Each site shall be provided with a gravel off-street parking space.
Recreational vehicle spaces shall have a minimum of an eight
foot (8‘) by thirty foot (30’) pad. Pull through sites to be graveled eight
foot (8’) in width across the entire site.
Nothing contained herein would preclude the owner from paving the
streets or sites if they so desire.
Subdivision Ordinance
Berkeley County, WV
11-2
Draft with PC approval – November 2008
Article 11 –Recreational Vehicle Parks & Campgrounds
Section: 1103. Water and Sewer
1.
An approved, adequate, easily accessible, potable water supply shall be
provided.
2.
Water and sewer facilities shall be connected to a water and sewer system
approved by the Berkeley County Public Water Service District, Berkeley
County Public Sewer Service District, Berkeley County Health Department, or
the Department of Health, Environmental Engineering Division.
Section: 1104. Utilities
All telephone, cable, electrical and other distribution lines shall be installed in
underground conduits, water, sewer, and drainage structures shall be
constructed prior to completing the streets.
Section: 1105. Buffer-strips, Screening and Landscaping
1.
2.
3.
4.
Removal of existing trees shall be kept to a minimum.
Screening will be provided within a twenty-five foot (25’) buffer area along the
entire perimeter of the campground, unless all facilities are greater than one
hundred feet (100’) from the lot line.
Screening shall be a wall or fence six feet (6’) in height with a hedge or a
hedge six feet (6’) in height and trees fifteen feet (15’) on centers.
Structures shall not be located within fifty feet (50’) of a lot line.
Section: 1106. Solid Waste Disposal
Outdoor collection stations shall be provided for garbage and trash removal.
Collection stations shall be located to avoid being offensive and shall be
screened from view and landscaped.
Section: 1107. Open Space
A minimum of twenty-five percent (25%) of the site shall be maintained as
open space.
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Berkeley County, WV
11-2
Draft with PC approval – November 2008
Article 12 – Title, Authority and Purpose
Article 12 – Administration and Amendments
ARTICLE 12 - ADMINISTRATION AND AMENDMENTS
Section 1201. Administration
Section 1201. Administration of Regulations
A.
These land development regulations shall be administered by the
Berkeley County Planning Commission. Only complete submittal
packages to include all applications, fees, maps, proof of
submission or approvals from participating State and local agencies
of government and documents relative to land development unit
approval shall be submitted to the Berkeley County Planning
Commission. Delivery of such complete submittal documents to
the Planning Commission or its representatives at the Planning
Department shall constitute submission to the Planning
Commission. Official submission dates and other administrative
procedures are detailed in Article 3, Processing Procedures.
B.
The Planning Commission may, if necessary, seek the advice of
professionals or State agencies regarding proposals for land
development.
C.
The Planning Staff, or other designee of the Planning Commission,
shall be responsible for the daily administration of these
regulations.
D.
In order to effect a timely and orderly processing and review of any
plat or plan of a land development unit, prior to advancement of a
preliminary and/or approval of a final plat or plan, the Planning
Commission Staff and representatives of other agencies shall
review the project and make recommendations regarding approval
to the Planning Commission.
E.
No approval of a plat or plan of any land development unit subject
to the provisions of this Ordinance shall be official unless
authorized by a majority of all of the members present of the
Berkeley County Planning Commission at a regular or properly
called special meeting.
Section 1202. Application Fees
The Planning Commission shall establish a uniform schedule of fees, (Appendix
F), the revenues from which shall be proportionate to the day-to-day and other
costs of operating the Planning Department, and providing the requisite review
services. The schedule of fees shall be approved by the Berkeley County
Commission before it becomes effective. The Applicant shall pay the specified
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
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Article 12 – Administration and Amendments
fee at the time of filing the application.
Section 1203. Waivers
All waiver requests for any plan shall be required to be advertised and a public
hearing shall be held for their consideration.
All waiver requests will be reviewed by County Planning Commission Staff and, if
applicable, by the County Engineer, both of whom will make a recommendation
of approval/disapproval to the Planning Commission.
A.
The Planning Commission may waive the requirements of the
Ordinance upon receipt of a written request from the Developer
stating the request being made and reason for the request.
The Planning Commission may grant a waiver only if it specifically
finds that:
1.
The conditions requiring the waiver are not the result of any
self directed or deliberate physical action taken by the
applicant which, had it not been taken, would have alleviated
the need for the waiver request;
2.
The waiver will not be contrary to, the public interest, health,
safety and welfare given the evidence that is presented.
3.
Consistency and fairness in applying the Ordinance shall not
be jeopardized or compromised.
B.
Notwithstanding the above, the Planning Commission may grant a
waiver when, in its opinion, the Developer has presented evidence
that the waiver request represents an innovative and beneficial
approach to development which is in the best interest of Berkeley
County.
C.
Any requests to vary technical requirements shall be forwarded to
the County Engineer for review and recommendation. The County
Engineer’s written recommendation must be received prior to the
public hearing, and shall be considered by the Planning
Commission, along with evidence presented by the Developer and
recommendations from Planning Staff. If, after a public hearing on
the requested waiver, the Planning Commission can make the
above findings, then it may grant the waiver. All findings, including
justification for granting the waiver, must be recorded in the
Planning Commission meeting minutes.
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Berkeley County, West Virginia
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Article 12 – Administration and Amendments
D.
The applicant must submit an explanation and justification for the
waiver request in writing to the Planning Commission on forms
provided by the Planning Commission Staff. Waiver requests must
be advertised in accordance with Chapter 8A, Article 5, Section
8(c), West Virginia Code, 2004, as amended and a public hearing
held prior to consideration by the Planning Commission.
Section 1204. Conditional Waivers
In granting waivers, the Planning Commission may require such conditions as
will, in its judgment, substantially secure the objectives of the standards or
requirements so waived.
Section 1205. Request for Reconsideration
If the Planning Commission denies the formal application, the Planning
Commission shall notify the applicant in writing of the reasons for the denial. The
applicant may request, one time, a reconsideration of the decision of the
Planning Commission. The Request for Reconsideration must be submitted in
writing and received by the Planning Commission no later than ten (10) days
after the applicant has received in writing the reasons for denial therefore.
Section 1206. Appeal
A decision of the Planning Commission may be reviewed by certiorari procedure.
A petition for certiorari shall specify the grounds upon which it is alleged that the
Commission’s action is illegal. Such petition must be filed in the Circuit Court of
Berkeley County within thirty (30) days after the date of such decision.
Section 1207. Planning Commission Records
The Planning Commission shall keep a record of its findings, decisions and
recommendations, relative to all plats or plans for land development units filed
with it for review or approval.
All records of the Planning Commission shall be public records, with the
exception of any correspondence or documents which are issued or exchanged
between the Planning Commission and the Planning Commission’s legal counsel
in association with any ongoing litigation to which the Planning Commission is a
party. Said documents are to be treated as “personal and confidential”, and are
subject to the legal standards which govern the attorney/client relationship.
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Berkeley County, West Virginia
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Article 12 – Administration and Amendments
Section 1208. Remedies and Jurisdiction
A.
Preventive Remedies
1.
In addition to other remedies, the County may institute and
maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction,
to recover damages and to prevent illegal occupancy of a
building, structure or premises. The description by metes
and bounds in the instrument of transfer or other
documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties
or from the remedies herein provided.
2.
The County may refuse to issue any permit or grant any
approval necessary to further improve or develop any real
property which has been developed or which has resulted
from a subdivision of real property in violation of this
Ordinance. This authority to deny such a permit or
approval shall apply to any of the following applicants:
3.
B.
a.
The owner of record at the time of such violation.
b.
The vendee or lessee of the owner of record at the
time of such violation without regard as to whether
such vendee or lessee had actual or constructive
knowledge of the violation.
c.
The current owner of record who acquired the
property subsequent to the time of violation without
regard as to whether such current owner had actual
or constructive knowledge of the violation.
d.
The vendee or lessee of the current owner of record
who acquired the property subsequent to the time of
violation without regard as to whether such vendee
or lessee had actual or constructive knowledge of
the violation.
As an additional condition for issuance of a permit or the
granting of an approval to any such owner, current owner,
vendee or lessee for the development of any such real
property, the County may require compliance with the
conditions that would have been applicable to the property
at the time the applicant acquired an interest in such real
property.
Enforcement Remedies
1.
Any person, partnership, or corporation who or which has
violated the provisions of this Ordinance shall, upon being
found liable therefore in a civil enforcement proceeding
commenced by the County, pay a judgment of not more
than five hundred dollars ($500.00) plus all court costs,
including reasonable attorney fees incurred by the County
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Article 12 – Administration and Amendments
as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the
determination of a violation by the Magistrate. If the
defendant neither pays nor timely appeals the judgment, the
County may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues
shall constitute a separate violation.
2.
The circuit court, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
3.
Nothing contained in this Section shall be construed or
interpreted to grant to any person or entity other than the
County the right to commence any action for enforcement
pursuant to this Section.
Section 1209. Amendments
The regulations set forth in this Ordinance may from time to time be amended,
supplemented, changed, or repealed, provided that no such action may be taken
until after a public hearing is held in relation thereto, at which interested parties
and citizens shall have an opportunity to be heard. At least thirty (30) calendar
days’ notice of the time and place of such hearing shall be published in a
newspaper of general circulation in the County.
Any proposed amendment shall be submitted to the Planning Commission for
report and recommendation prior to any action thereon by the County
Commission.
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Berkeley County, West Virginia
Draft with PC approval – November 2008
12-5
Appendix A
APPENDIX A
THE MANUAL OF STREET STANDARDS
BERKELEY COUNTY, WEST VIRGINIA
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
Section 1.1
Purpose
Any individual, developer, corporation or entity desiring to construct a road, street or
parking area within a Subdivision or Land Development within Berkeley County, West
Virginia shall follow the procedures described herein. Design and construction shall also
be as specified herein.
Section 1.2
Procedure
The applicant shall adhere to the following procedure in order for the project to progress
in an orderly manner:
a.
Submit to the County Planning Commission the appropriate number of sets of
plans. Included in the plans shall be roadway plan and profile sheets with scale
1"=50' horizontal and 1"=5' vertical. Plan and profiles shall be augmented by
complete alignment information, accurate dimensions locating roadway, highway
and drainage structures, ditches and other incidental construction. Finished grade
elevations shall be shown every 50' on the profiles as well as stations and
elevations for PVC, PVI and PVT. For proposed streets adjacent to developed
properties, or lands owned by someone other than the developer, cross sections
shall be submitted showing stations every 50' along the developed portions of the
proposed roadway. The location of all Bench Marks used and the elevations for
some shall be noted on the plans. Drainage pipes and ditches shall be shown on
the plan and on the cross sections. Engineering design computations and drainage
area maps shall accompany submission to justify the sizes of drainage structures,
pipes, ditches, etc. Acceptable storm drainage design criteria shall conform to the
Berkeley County Stormwater Management and Sediment and Erosion Control
Ordinance. All pipes shall have a minimum of one (1) foot of cover over pipes.
b.
Prior to actual construction operations, the developer’s contractor shall review the
project and proposed schedule with a representative of the County
Engineer/Planning Commission for the purpose of scheduling periodic inspections
by the County.
c.
All bonding shall be in accordance with Article 6 of the basic Ordinance.
d.
The developer’s attention is also directed to Berkeley County Stormwater
Management and Sediment and Erosion Control Ordinance for other information
and references on required improvements.
Sudivision Ordinance
Berkeley County, West Virginia
Draft with CC approval –April 2009
Section 1.3
Specifications
Specifications for road improvements shall be those of the West Virginia Department of
Highways contained in “Geometric Design Criteria for Rural Highways” and “Standard
Specifications Roads and Bridges” adopted 1993 and as may be amended from time to
time unless specified differently herein.
Section 1.4
Geometric & Pavement Design
Geometric and pavement design shall be in accordance with the plates included herein.
Items not covered in the plates shall be in accordance with State Department of Highway
Standards or ASSHTO as may be appropriate.
Section 1.5
a.
Intersection Design
Sight distances at Intersections
Sight distances at Intersections should be regulated to allow approaching drivers
sufficient time to stop. Each vehicle should be visible to the other driver when
each vehicle is located on the street centerline and at a specified distance from the
point of intersection of the street centerlines. Clear sight triangles should be
provided at all intersections and no building, structure, grade, or planting higher
than two and one-half (2 ½’) feet above the centerline of the street should be
permitted within such sight triangles. For intersections of streets having an ADT
of 200 or less, or having 20 mile-per-hour speed limit the clear sight triangle
requirement may be waived.
b.
1.
Clear sight triangles of fifty (50’) feet measured along street centerlines
from their points of junction should be provided at all intersections of L1
and L2 streets. This may be waived as noted above.
2.
Clear sight triangles of seventy-five (75’) feet measured along street
centerlines from their points of junction should be provided at all
intersections of L3 and Heavy Duty streets.
3.
For intersections of industrial or commercial with state highways, a
greater sight distance is desirable.
Horizontal Alignment at Intersections
The preferred angle of intersection for intersecting streets is 90 degrees.
1.
The minimum angle is 60 degrees. Any change in street alignment to
meet this requirement should occur at one hundred (100’) feet from the
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
intersection.
Section 1.6
2.
Multiple intersections involving junctions of more than two (2) streets
should be avoided.
3.
Two (2) streets intersecting the same street from opposite sides should
intersect this same street directly opposite one another or with a minimum
offset of one-hundred fifty (150’) feet between their centerlines.
Sidewalks
When possible, steps in sidewalks and paths shall be avoided. When steps are necessary,
the minimum number of risers shall be two (2) in adjacent series or at least two (2) single
risers may be used in a ramp series with the maximum distance between risers being six
(6’) feet. Risers shall not exceed six (6”) inches. All risers and treads shall be uniform in
a single flight. All risers in a single sidewalk or path shall be uniform in-height. Tread
width shall be at least eleven (11”) inches or twelve (12”) inches when step flights have a
total rise of more than thirty (30”) inches. Tread pitch shall be 1/8-inch per foot for
drainage.
Sidewalks and paths may be paved with asphalt or Portland cement concrete. Other
suitable materials for surfaces may be used as appropriate for local conditions or
aesthetics. Procedures for asphalt concrete mixing, proportioning and placement shall be
designed by a registered engineer having experience in asphalt concrete construction
acceptable to the Planning Commission.
Portland cement concrete sidewalk or path paving shall have expansion joints at all
intersections with other paths or sidewalks and structures and at the bottom and top of
flights of steps with three (3) or more risers. Portland cement concrete sidewalk or path
surfaces shall be brushed or broomed. Procedures for mixing, proportioning and placing
Portland cement sidewalks or paths shall be designed by a registered engineer having
experience in Portland cement concrete construction acceptable to the Planning
Commission.
Concrete sidewalks shall be at least four (4”) inches thick except under driveways when
at least six (6”) inches must be used.
Section 1.7
a.
Cul-de-sac Requirements
For all housing developments with a remote terminus in excess of one thousand
(1,000’) feet from the point of access, at least one cul-de-sac shall be provided
with a paved diameter of one hundred fifty (150’) foot diameter right-of-way to
accommodate emergency vehicle and school bus turning movements. Additional
larger cul-de-sacs may be required dependent upon the proposed design.
Sudivision Ordinance
Berkeley County, West Virginia
Draft with CC approval –April 2009
b.
Section 1.8
Dead-end streets are prohibited except as stubs to permit future extensions to
adjoining tracts or where they are designed as cul-de-sacs. Temporary cul-desacs, upon approval of the County Engineer, may be constructed without asphalt
base or wearing course. The developer may be exempt from providing curbing at
the terminus of temporary cul-de-sacs, unless curbs are required for drainage
control. A temporary cul-de-sac shall be removed by the applicant and replaced
with the permanent street upon extension of the existing street.
Off -Street Parking
a.
Off-street parking facilities may be parking lots, parking bays, or other suitable
types. (See figure A-1 for typical design standards)
b.
All parking lots and parking bays permitting parking, other than parallel, shall be
physically separated from the street and confined by curbing or other suitable
separating device, unless other suitable design is approved in accordance with
Article 7.
c.
Entrances and exits to and from off-street parking areas shall be located so as not
to interfere with street traffic.
d.
Every off-street parking area shall include sufficient reservoir space to
accommodate entering and exiting vehicles without overflowing out into adjacent
streets.
e.
Parking areas shall be designed so that each motor vehicle may proceed to and
from the parking space provided for it without requiring the moving of any other
motor vehicle.
f.
All dead-end parking areas shall be designed to provide sufficient back-up area
for the end stalls of the parking area and to allow turn-around of cars without
having to back out of parking areas.
g.
The layout of every parking area shall be such as to permit safe and efficient
internal circulation, in accordance with accepted traffic engineering principles and
standards.
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
Section 1.9
Street and Other Outside Lighting
a.
Street lights, like sidewalks, are accepted as integral parts of city streets but few
are considered necessary in rural and suburban developments. In areas where
there are concentrations of pedestrians and/or vehicles, fixed source lighting tends
to reduce accidents.
b.
Areas of potential need of lighting for the safety of pedestrians and motorists are
schools, churches, recreation or other community centers, apartment and
townhouse developments and parking areas where lighting may be needed for the
safety of pedestrians would be interior sidewalks and paths.
c.
Whenever street or other outside lighting is required, the minimum lighting
intensity shall be in accordance with the American National Standard Practice for
Roadway Lighting. Illuminating Engineering Society, Approved July 11, 1972,
American National Standards Institute and amendments thereto.
Section 1.10
a.
b.
Street Classification and Design
Classification-HIGHWAYS
1.
Arterial. This classification includes highways which are major traffic
corridors or provide for regional traffic of substantial volumes where the
average trip lengths are usually five miles or greater. Generally, these
highways should accommodate operating speeds of 35 to 55 miles per
hour,, and have an estimated average daily traffic (ADT) count of 5,000
vehicles or greater after being fully developed.
2.
Collector. This classification is intended to include those highways which
connect local access highways to arterial highways. They may serve as
traffic corridors connecting residential areas with industrial, shopping and
other service. They may penetrate residential areas. Generally, these
highways will accommodate operating speeds of 35 miles per hour, and
have an estimated average daily traffic (ADT) count of 1,750 to 5,000
vehicles after being fully developed.
Classification-LOCAL-Subdivision Street
1.
Local. This classification is intended to include streets and roads that
provide direct access to abutting land and connections to higher classes of
roadways. Traffic volumes will be low and travel distances generally
short.
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
a. L1-Rural Lane-Gravel. Lots over 5 acres in size.
b. L2-Local Road- Serving a maximum of 60 lots.
c. L3-Local Road- Serving a maximum of 250 Lots.
d. Alley- Serving off street parking or rear of residential lots
c.
Classification-Heavy Duty
1.
Heavy-Duty. This classification is intended to provide access to industrial
areas and other areas where semi-trailer truck traffic is expected.
TABLE A
1.
Minimum component widths for each type of street shall be as follows:
A. Highway WidthsType of Street
Right-of-Way
Arterial
Collector
Cartway Width
60’-120’
26’ or 40’
60’
24’ or 34’
B. Local WidthsType of Street
Right-of-Way
Cartway Width
L1-Gravel
50’
18’
L2
50’
20’
L3
60’
22’
Alley
20’
12’
C. Heavy Duty WidthType of Street
Heavy Duty
Sudivision Ordinance
Berkeley County, West Virginia
Right-of-Way
60’
Cartway Width
24’
Draft with CC approval –April 2009
GEOMETRIC DESIGN CRITERIA
STREETS AND HIGHWAYS
Item
Streets
L1Alley
L2
L3
Heavy-Duty
Design Speed
25
35
35
N/A
Minimum Turning Lane Width
---
12’
12’
12’
Minimum Horizontal Curvature Radius
100'
150'
300'
500'
Minimum Turning Flare Radius at
connections
30'
30'
35'
50'
Stopping Sight Distance
100'
175'
235'
275'
Minimum Roadway Grade
0.5%
0.5%
0.5%
0.5%
Maximum Roadway Grade
15%
12%
10%
8%
Intersection Approach Grade
8%
6%
6%
6%
3/8"/ft.
3/8"/ft.
3/8"/ft.
3/8"/ft.
---
---
0.04'/ft.
0.04'/ft.
Roadway Pavement Cross Slope
Maximum Super elevation
Subdivision Ordinance
Berkeley County, West Virginia
Draft with PC approval – November 2008
Minimum Super elevation Run out
---
---
175'
200'
Minimum Right-of-Way at Cul-De-Sac
(Radius)
70’
70'
70'
N/A
Sudivision Ordinance
Berkeley County, West Virginia
Draft with CC approval –April 2009
Appendix B
Appendix B
DEVELOPERS AGREEMENT
MADE
this ________ day of
__________________, 20__ by and between
______________________________________ (hereinafter "Developer")
A
N
D
Planning Commission of Berkeley County, West Virginia (hereinafter "the County or the
County Planning Commission").
WHEREAS, Developer is the owner of a certain parcel of land situate within the County,
said parcel of land being more particularly described in Exhibit "A" attached hereto; and
WHEREAS, Developer is desirous of developing said lands under a Land Development
Plan captioned ______________________________________________ and dated
________________, 20___, (hereafter "Plan"), as the same was approved by the
Berkeley County Planning Commission on _________________, copies of which plan
are marked Exhibit "B" and attached hereto; and
WHEREAS, in the application to the County for approval of the Plan the Developer
indicated his intention to construct at his sole cost and expense (including but not limited
to engineering inspection and review expenses incurred by the County in connection
with the Plan) all those improvements required by the Plan or by any conditions attached
thereto, more particularly described in Exhibit "C" attached hereto; and
WHEREAS, Developer has agreed to deliver to the County a bond, renewable
Irrevocable Letter of Credit or other form of surety (in form and substance to be
approved by the County Planning Commission) from an institution licensed to do
business in West Virginia in the amount of $____________ to guarantee the installation
of the improvements and reimbursement of the County for expenditures that may be
directly incurred in connection with the completion of the improvements should the
Developer default.
NOW, THEREFORE, IT IS AGREED:
1.
Developer covenants, promises and agrees to build, construct and install all
improvements in accordance with the specifications of the County and in the
manner provided and approved by the County, on or before the _____ day of
____________, 20__.
2.
Developer shall enter into contract(s) with such person or persons necessary to
construct the improvements. Developer shall provide the County with a
construction schedule for all required public improvements which satisfies the
completion date agreed upon in Paragraph 1 immediately above, a schedule of
job site meetings, and the name and address of the supervisory point of contact
for the contractor. The Developer agrees that the construction or installation of
the improvements is subject to the inspection and approval of the County
Engineer.
3.
Developer concurrently delivers to the County its surety, in the amount of
$_____________. The amount of financial security required shall be in the
amount of 115% of an estimate of the cost of completion of the required
improvements, based upon the prevailing wage rates, submitted by the
Developer and prepared by a Professional Engineer licensed as such in the state
of West Virginia and certified by such Engineer to be a fair and reasonable
estimate of such cost.
The County Planning Commission, upon the
recommendation of the County Engineer, may refuse to accept such estimate for
good cause shown. Exhibit C of this Agreement may be used for the purpose of
documenting the needed surety or any other form prescribed by the County
Engineer.
The bond, Letter of Credit or other surety shall be posted as security for
performance of this agreement, including the construction of the improvements
as shown on the approved Final Plan. The term of such surety shall be for the
period agreed upon for the completion of construction of the improvements and,
if required by the County Planning Commission, will include an "evergreen"
clause which will allow for an automatic extension of term to cover any extended
period of construction. The Planning Commission shall have authority on its own
initiative and after thirty (30) days notice to the principal, to increase the amount
of surety at any time, over and above five percent (5%), if in its judgment and
sole discretion, such increase is found to be appropriate. The Planning
Commission must justify such decision by a demonstrable increase in costs,
which must be disclosed to the principal.
In the event Developer shall fail to construct the improvements in a manner
acceptable to the County or by the time agreed upon in this agreement or
amendment thereto, the County shall notify the Developer of said circumstance
in writing and, when possible, allow him forty-five (45) days from the date of said
notification to correct the deficiencies.
In the event that the developer fails to correct said deficiencies to the satisfaction
of the Planning Commission, the County may, at its option call the bond or other
surety and construct said improvements at the Developer's expense. In such
case, any bond or other surety balance remaining after construction shall be
returned to the surety.
In the event the funds secured by said surety shall not be sufficient to
satisfactorily construct the improvements or reimburse the County for its cost and
expense to construct the same, the County may file an appropriate legal action
against Developer based upon this agreement for the balance of the funds
required to so construct the improvements or reimburse the County for the same.
4.
As the work of installing the required improvements proceeds, the party posting
the financial security may request that the County release or authorize the
release, from time to time of such portions of the financial security necessary for
the payment to the contractor or contractors performing the work. Any such
request shall be in writing addressed to the County Planning Commission, and
the County Planning Commission shall have 60 days from receipt of such
request within which to certify in writing that such portion of the work upon the
improvements has been completed in accordance with the approved plat. Upon
such certification the County Planning Commission may authorize a reduction in
the financial security by the lending institution by an amount as estimated by the
Engineering Department/County Planning Commission fairly representing the
value of the improvements completed.
5.
All construction shall be in accordance with the construction plans, County
Ordinances and other applicable regulation. Unless otherwise specified by
applicable regulation, if a conflict exists between the plans and ordinances, the
stricter of the two will be used. The Developer is responsible, as necessary, to
correct any unforeseen conditions that are caused by the installation of these
improvements.
6.
Developer shall grant and convey, to third parties if appropriate, by Deed of
Dedication all easements for rights-of-way (including maintenance) shown on the
Preliminary and Final Plans. In the event easements are required from third
parties, it shall be the duty of the Developer to obtain them at his sole cost and
expense.
7.
When the County Engineer’s report indicates approval of all required
improvements, the bond may be reduced to an amount not less than fifteen
percent (15%) of all required improvements, at the inception of the project. Upon
completion of the one (1) year period, a performance inspection shall be
performed. If all is acceptable, the surety shall be released in full.
9.
In addition to the aforesaid requirements, the Developer agrees that he will at his
own expense:
A.
Pay to the County any fees required by outside/third party agencies hired
by the County and as agents thereof for inspecting construction of public
improvements and for fees and other expenses such as, but not limited
to, the payment for Engineers, additional applications and approvals, as
may be required by the ordinances and regulations of the County or other
government entities.
B.
Connect any underground springs or other waters encountered during
construction to the proposed storm sewers or to a proper outlet as
designated by the County Engineer.
C.
Upon completion of the construction, the Developer shall ensure removal
from the site and disposal of all brush, rubbish, refuse and debris, leaving
the area free and clear of same.
D.
Remove all temporary buildings or structures within one month after final
acceptance of the Improvements by the County.
THIS AGREEMENT shall be binding upon the heirs, executors, administrators,
successors and assigns of Developer and the County.
.
DEVELOPER
__________________________
ATTEST
________________________
BERKELEY COUNTY, WEST VIRGINIA
___________________________
ATTEST
_______________________________
Chairman (or Designee)
Appendix C
APPENDIX C
ENVIRONMENTAL IMPACT CHECKLIST FOR PROJECT REVIEWS
APPLICANT/OWNER:
PROJECT NAME:
PROJECT LOCATION:
PROJECT DESCRIPTION:
Please attach a sheet describing answers to the questions listed below.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Is the proposed development consistent with the goals and objectives of the Comprehensive
Plan and the growth management map?
Is the proposed development consistent with the Subdivision and Land Development
Regulations?
What types of uses are proposed for the entire subdivision?
What is the size of the proposed development, including buildings, acreage, and lot coverage
(impervious surface) by buildings, roads, driveways, and sidewalks, gross density, lot area,
stormwater management and easements?
Is the applicant aware of any impact the development would have on groundwater supply or
quantity? Has a draw down test been performed?
Is the applicant aware of any affect the development would have on the quality or supply of
water to a lake, pond, stream, or wetland?
What will be the source of water? If on-site water is proposed, is there sufficient water to
accommodate the development? Is the applicant aware of any potential ways in which the
proposed water source would be contaminated from nearby landfills, commercial or industrial
uses? Could the on-site use of water reduce water availability to adjoining properties?
Is the applicant aware of any impact the development would have that could change stormwater
drainage patterns or increase runoff from the site?
Is the applicant aware of any impact the development would have that could produce significant
soil erosion and sedimentation?
How will sewage be disposed of? If on-site sewage disposal is proposed, are soils appropriate
and the lot large enough to provide an adequate absorption field?
How will the development affect transportation use and patterns?
How will solid waste, including any toxic substances, from the development be disposed of?
Is the applicant aware of any known rare or endangered plant or animal species, sensitive
wildlife habitat, or hunting and fishing areas that would be impacted by development?
Is the development proposed for an area with known natural hazards, especially floodplains and
steep slopes?
Are there any known archaeological or historic sites, historic buildings, or cemeteries?
Are there any known rock outcrops, sinkholes, and caverns, unique or unusual landforms found
on the site? (i.e., geological formations, etc.)
What state and federal reviews and permits are needed for approval of the proposed
development and have they been applied for or obtained?
Is the applicant aware of any known impaired streams located on the property?
Has the applicant taken into consideration the environmental features on the site in the
development of the project? What environmentally significant features have been preserved?
Berkeley County Environmental Assessment Form
Appendix D
DESIGN STANDARDS FOR SALVAGE YARDS
(Salvage Yard Ordinance)
Approved:
Berkeley County Planning Commission
June 4, 1984
Adopted:
Berkeley County Commission
August 21, 1984
* Note - formerly Article XII of The Berkeley County Subdivision Ordinance
now designated Article XV of said Ordinance.
Enacted March 8, 2005, Berkeley County Commission
ARTICLE XII*: SALVAGE YARD ORDINANCE
Berkeley County, West Virginia
Section 1201.
AUTHORITY, PURPOSE, TITLE, EFFECTIVE DATE
Section 1201.1
General Authority
By authority of the Code of West Virginia, Chapter 17, Article 23, Section 4, the
Berkeley County Planning Commission is empowered to adopt, administer and
enforce reasonable rules and regulations for the establishment, operation or
maintenance of a salvage yard.
Section 1201.2
Purpose
The purpose of this ordinance is to establish a permit procedure and set the
reasonable rules and regulations for the establishment, operation and
maintenance of a salvage yard. More specifically, this ordinance is adopted for
the following purposes:
a. To protect and provide for the public health, safety and general welfare of
the County.
b. To promote the harmonious development of the County to secure safety
from fire, flood and other dangers.
c. To promote an efficient access to the existing transportation network and
particularly the highway system.
d. To protect and conserve the value of land through-out the County and the
value of buildings and improvements upon the land, and to minimize the
conflicts among the uses of land and buildings.
e. To prevent the pollution of air, streams and other water bodies; to assure
the adequacy of drainage facilities; to safeguard the water table; and to
encourage the wise use and management of the natural and visual
resources throughout the County in order to preserve the integrity, stability
and natural beauty of the community.
f.
To guide future growth and development in accordance with the
comprehensive plan and/or any permanent or interim land use and growth
management regulation
-1-
Section 1201.3
Title
This Ordinance shall be known, cited and referred to as the Berkeley County
Salvage Yard Ordinance, and shall be made a part of the County Land Use
Regulations.
Section 1201.4
Permit Required
A salvage yard permit issued by the Berkeley County Planning Commission shall
be required prior to the establishment of any salvage yard. Any salvage yard
which is not licensed in accordance with Article 23, Chapter 17, Section 3 of the
Code of West Virginia at the time of adoption of this Ordinance shall require a
permit under this Ordinance. In addition, a permit shall be required for the
expansion of a salvage yard issued a permit under this Ordinance or a legally
licensed salvage yard in existence prior to the adoption of this ordinance. No
permit shall be issued until it conforms with all other County Land Development
laws and the laws of the State of West Virginia.
Section 1201.5
Exempt Activities
The following activities are expressly exempt from the provisions of this
Ordinance:
a. Any new or used motor vehicle dealer licensed by the State of West
Virginia or any commercially established licensed motor vehicle repair
shop, provided that any junked motor vehicles or salvage on site are being
stored for repair, reconstruction, impoundment, temporary storage, or for
temporary use of parts and would not otherwise constitute a salvage yard.
A commercially established repair shop shall not include part-time or
“hobby” repair shops or other establishments which are not the principal
occupation of the proprietor.
b. Publicly owned and operated solid waste disposal facilities approved by
the West Virginia Department of Natural Resources under Chapter 20,
Article 5F and the Legislative Regulations for Solid Waste Management,
as amended.
c. Bonifide Agriculture Operations in the Planning Commission’s opinion,
vehicles or other material serving an acceptable purpose toward
production activity of a bonifide agriculture operation; actually files a 1040
schedule F, Federal Income Tax Form.
d. Licensed contractors for the storage of operational equipment or
equipment under repair and used in conjunction with their business.
-2-
Section 1201.6
Effective Date
This Ordinance, established by action of the Berkeley County Commission on
August 21, 1984 , shall take effect on
same , and shall apply to all salvage
yards as defined in this ordinance within the unincorporated territory of Berkeley
County.
Section 1202.
INTERPRETATIONS AND DEFINITIONS
Section 1202.1
Interpretation
For the purpose of this Ordinance, the following interpretations shall apply:
a. Words used in the present tense include the future tense.
b. The singular includes the plural.
c. The plural includes the singular.
d. The word “person” includes a corporation, unincorporated association or
partnership as well as an individual.
e. The term “shall” or “will” is always mandatory.
f. The word “building” or “structure” shall be construed as if followed by the
phrase “or part thereof”.
g. The word “County” shall refer to Berkeley County.
h. The word “Ordinance” shall refer to the Berkeley County Salvage Yard
Ordinance.
Section 1202.2
Definitions
For the purpose of this Ordinance, the following definitions shall apply:
1.
Agriculture: The cultivation of plant crops or the raising of livestock.
Agriculture is the organized use of land for the production of plant or
animal food, fiber or landscape products. Beef and dairy farms, grain
farms, orchards, plant nurseries, and tree farms are forms of agriculture.
Other forms of agriculture could be considered by the Planning
Commission; current tax status as an agriculture operation by filing a
1040 schedule F, Federal Income Tax Form.
2.
Building: Any structure which is permanently affixed to the land or a
mobile unit.
-3-
3.
Community Impact Statement (CIS): A report prepared by an applicant or
qualified agent describing the scope and feasibility of his proposed
salvage yard. The CIS also describes the physical, social and economic
impacts a proposal may bring to the County and to the immediate area.
4.
Construction Bond: A written instrument with a clause binding an
applicant to pay a certain penalty (or a portion thereof) to the County
Commission; conditioned, however, with a statement that the payment of
the penalty (or a portion thereof) may be avoided upon satisfactory
construction and completion of improvements required by the Planning
Commission. A Construction Bond is secured by a surety, by cash in
escrow, or by other means satisfactory to the Berkeley County
Commission and the Berkeley County Planning Commission.
5.
County Commission: The Berkeley County Commission elected at-large
by magisterial district.
6.
County Engineer: A member of the Planning Commission Staff (or a
consultant to the Planning Commission) who is registered as a West
Virginia Professional Engineer.
7.
County Land Use Regulations: The Ordinance adopted by the Berkeley
County Commission for the purpose of monitoring and regulating the
development of land. This shall include the Subdivision Ordinance, the
Improvement Location Permit Ordinance, and any other similar
Ordinance officially adopted by the County Commission.
8.
Fencing: An enclosure constructed of appropriate materials located and
maintained so as to effectively screen the salvage yard from the public
view and to effectively provide security against any injury or damage.
9.
Land Use Coordinator: a designated employee of the Planning
Commission charged with the administration and enforcement of this
Ordinance and other land use laws in Berkeley County, unless otherwise
designated, this shall mean the Berkeley County Planning Director.
10. Motor Vehicle: Any device in which persons or property may be
transported and is, or was, self-propelled.
-4-
11. Motor vehicle, Junked: Any motor vehicle which is unlicensed,
unregistered, discarded, wrecked, ruined, uninsured, scrapped, or
dismantled; cannot pass the State Motor Vehicle inspection; and, is not
serving a reasonable functional use or purpose or is not in an enclosed
building.
12. Motor Vehicle Repair Shop: Any commercially established building or
land used for the servicing, repairing, or equipping of motor vehicles. A
motor vehicle repair shop shall include commercial garages and body
shops, licensed by the State of West Virginia.
13. Planning Commission: The Berkeley County Planning Commission. A
commission appointed by the Berkeley County Commission to promote
and administer the Comprehensive Plan and Land Use Ordinances of
Berkeley County.
14. Salvage: Scrap copper, brass, rope, rags, batteries, paper, rubber, trash,
waste, dismantled or wrecked machinery, machines or motor vehicles or
any parts of any junked, dismantled or wrecked machinery, machines or
motor vehicles, iron, steel, appliances and other scrap ferrous or non
ferrous materials.
15. Salvage Yard: Any place which is maintained, operated or used for the
storing, keeping, buying, selling, or processing of salvage, or for the
operation and maintenance of a motor vehicle graveyard, and the term
shall also include garbage dumps and sanitary landfills. Any collection of
three or more junked vehicles, or combination of ferrous or nonferrous
materials together with one or more junked motor vehicles amounting to
a total of 75 cubic yards or a collection of any salvage amounting to 75
cubic yards shall be considered a salvage yard. For the purpose of this
ordinance, 25 cubic yards shall constitute a motor vehicle (i.e. 75 cubic
yards of salvage; 50 cubic yards of salvage plus one car; or 25 cubic
yards of salvage plus two cars).
See attachment A for “Method of Measurement to Determine Amount of
Salvage”
16. Solid Waste Disposal Facility: Any facility established, modified or
operated for the purpose of the disposal of solid waste or its reclamation
as defined by West Virginia Department of Natural Resources,
Legislative Regulations for Solid Waste Management, as amended.
-5-
17. Sketch Plan: An informal drawing of a salvage yard’s proposed design
and layout which is prepared according to the provisions of this
Ordinance and which assists the Planning Commission and the applicant
in reviewing the general scope, feasibility and impact of a proposed
project.
18. Structure: Anything constructed, preconstructed or prefabricated, the use
of which requires fixed location on the ground; or, anything attached to
something having such location. A structure does not include fences
individual driveways, or retaining walls.
Section 1203.
PERMIT PROCEDURES AND REQUIREMENTS
Section 1203.1
Permit Procedures
Salvage Yard proposals are reviewed at three stages:
Application Conference – Staff
Community Impact Evaluation – Planning Commission
Final Public Hearing – Planning Commission
Upon request, partial exceptions from the review process may be considered by
the Planning Commission for salvage yard proposals which appear to have a
minor impact on the County. However, public hearings shall not be waived. The
Planning Commission may advance such proposals directly to the Final Public
Hearing stage, provided a site inspection by the Staff and Planning Commission
Review Committee reveals no apparent difficulty. Although certain requirements
for documentation of the proposal may be waived, advancing the application
shall not exempt a proposal from other requirements of this ordinance.
a. A permit application shall be made, on forms provided by the Planning
Commission, and shall be submitted to the Planning Commission Office.
In addition, the applicant shall submit the following information:
1. Community Impact Statement as required in Section 3.1.
2. Sketch Plan as required in Section 3.2.
3. Appropriate certificate of approval (entrance permit) from the West
Virginia Department of Highways.
4. Other permits, licenses or approval required under County, State or
Federal Laws or official documentation that application has been
made and received for such approvals.
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b. Upon submission of a completed application and required information, an
APPLILCATION CONFERENCE shall be scheduled between the
applicant and the Planning Commission Staff.
c. At the APPLICATION CONFERENCE the applicant and staff review and
discuss the materials submitted. The scope of the proposed salvage yard
is examined according to the impact it will have on the physical, social,
and economic conditions within the County. Modifications to the sketch
plan are made if appropriate. The applicant is advised of the date and
time his proposal will be brought before the Planning Commission for the
Community Impact Evaluation.
d. The Planning Commission places a Legal Notice in a newspaper having
general circulation within the affected area no less than 30 days prior to
the meeting, advising the public of the Community Impact Evaluation
before the Planning Commission. The applicant shall place effective
signing provided by the Planning Commission in full view and unobscured
on the proposed site that is visible and readable to the general public and
within 25 feet of a public road.
e. Community Impact Evaluation is presented to the Planning Commission
during a regular meeting. The Planning Commission reviews the sketch
plan and Community Impact Statement. The Planning Commission
renders a decision whether to approve the concept, deny the application
or require additional information before advancing the proposal to the
Public Hearing. Examples of other information which may be required are
a more detailed Community Impact Statement or a detailed site plan.
f. If the salvage yard application is disapproved, at the Community Impact
Statement stage, the applicant is advised in writing of the Planning
Commission action and of the specific reasons upon which the action was
based.
g. If the application is approved in concept or the applicant submits the
information required by the Planning Commission, and is deemed
sufficient by the staff to meet the concerns of the Planning Commission, a
date shall be set for a public hearing at a regular meeting of the Planning
Commission.
h. The Planning Commission shall place a notice of public hearing in a
newspaper having general circulation within the affected area no less than
30 days prior to the hearing. The applicant shall post a sign on the
proposed site. Said sign shall be in full view and unobscured, it shall also
be readable to the general public and within 25 feet of a public road. Said
sign will be provided by the Planning Commission.
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i.
The public hearing is held before the Planning Commission in order to
solicit new or revised information from the public not previously
considered at the Community Impact Evaluation stage. The Planning
Commission, after considering public comment, all previous information
and comment, the provisions of this Ordinance, and the provisions of
Section 17-23-4 of the Code of West Virginia, may approve, table for
further consideration or disapprove the salvage yard proposal.
j.
The Planning Commission shall approve, or disapprove a salvage yard
proposal within forty-five days from completion of the public hearing.
Failure to take action within forty-five days shall result in the approval of
the application, unless a waiver of this time period is granted to the
Planning Commission by the applicant.
k. If the salvage yard application is disapproved at the Public Hearing stage,
the applicant is advised in writing of the Planning Commission action and
of the specific reasons upon which action was based.
Section 1203.2
Community Impact Statement
All salvage yard proposals shall be accompanied by a written Community Impact
Statement (CIS). The purpose of the CIS is to provide the Planning Commission
with much of the information necessary to consider the potential impacts that the
salvage yard may have on a specific site, on the surrounding land uses and on
the County as a whole. The content shall be sufficient to permit an examination
of these impacts.
a. Basic descriptive information about a salvage yard proposal shall include:
1.
Name and address of owner/developer.
2.
Name and address of contact person.
3.
Tract size(s), shape and location, and the area(s) or portion(s) to
be used as a salvage yard.
4.
General description of the nature of the salvage yard, the types of
materials to be stored, and the anticipated market for salvage
purchased and sold by the operator.
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5.
Number, approximate size(s) and location(s) and intended
function(s) or use(s) of proposed or existing buildings on the site(s).
6.
General description of surface conditions (topography).
7.
Soil and drainage characteristics.
8.
Existing natural or manmade features including vegetative cover,
water bodies, quarries and rock outcroppings, and drainage
ditches.
9.
General location and description of existing structures. Also see
Section 1204.1 Location Standards.
10. General location and description of existing easements or rights-ofway.
11. Existing and/or proposed covenants and restrictions.
12. Intended improvements.
13. Intended earthwork that would alter the topography.
14. Tentative development and construction schedule.
15. Anticipated project costs.
b. A discussion of the Physical Impacts of the proposed salvage yard shall
consider but not be limited to the following items:
Physical Impacts:
1.
Earthwork, as it affects drainage, removal of vegetation and soil,
and alteration of the natural terrain.
2.
Conversion of farmland to non-farm use.
3.
Wildlife populations.
4.
Groundwater and surface water resources use, depletion,
contamination, flow change.
5.
Compatibility of the proposal with the surrounding area in terms of
land use and visual appearance.
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6.
Impact on sensitive natural areas such as water recharge areas,
stream and river banks, hillsides, forests, wetlands and water
bodies.
7.
Geologic impacts and limitations of the site,
Social Impacts:
1.
Traffic characteristics – type and frequency of traffic; adequacy and
safety of existing transportation routes and facilities; origin and
destination of traffic.
2.
Fire and Police protection – on site measures proposed to minimize
the risk of fire and steps to minimize vandalism, injury and damage
to the general public.
3.
Sewer and water facilities.
4.
Proximity and relationship to known historic features.
5.
Relationship of the project to the Comprehensive Plan.
Economic Impacts
1.
Property tax evaluation.
2.
Local employment implication.
3.
Expected changes in property values.
The method by which the applicant prepares and presents a CIS shall be in
accordance with a standardized outline currently utilized for this purpose by the
Planning Commission and Staff.
Section 1203.3
Sketch Plan
A sketch plan shall be submitted with an application for a salvage yard. The
sketch plan shall be on white paper and shall show in simple form the layout of
the proposed salvage yard. The sketch plan may be drawn free hand at a scale
acceptable to the Engineer. Contour lines as shown on the appropriate U.S.G.S.
Topographical Quadrangle map should be transferred to the sketch plan. In
addition, the sketch plan shall show the following information within 1000 feet of
the proposed site’s property boundaries:
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a. Natural features such as watercourses, rock outcroppings, sink holes,
quarries and wooded areas.
b. Areas proposed for the storage of salvage and the specific type of salvage
proposed.
c. Location of buildings or structures, including homes.
d. Proposed access and the internal road network.
e. Parking areas for customer and employee parking.
f. Measures proposed to manage stormwater and to minimize erosion. (See
Sections 609 and 713 of this document.)
g. Salvage and building setback lines.
h. Proposed fence locations.
i.
All properties and owners identified.
The applicant will be required to submit a detailed site plan prepared by a
licensed surveyor or engineer indicating the specific site characteristics,
proposed stormwater management plans, erosion and sediment controls and
detailed construction plans for all improvements. Additional information or detail
may be required by the County Engineer.
Section 1203.4
Performance Guarantees
When there appears to be a need to ensure that certain improvements are
completed or the salvage yard is maintained and operated in accordance with
this Ordinance, the Planning Commission may require that a construction bond,
or other form of surety, be provided. The form of surety and the amount shall be
acceptable to the Planning Commission and the County Engineer and must be
approved by the County Commission.
Section 1203.5
Fees
A fee of five-hundred dollars ($500.00) shall be charged for each application
submitted to the Planning Commission for a salvage yard. This fee is in addition
to any Improvement Location Permit fee, applicable for the construction of
buildings and Public Hearing fees, and other appropriate and applicable fees.
Section 1204.
LOCATION AND SITE DESIGN STANDARDS;
OPERATING REQUIREMENTS
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Section 1204.1
Location Standards
A salvage yard shall not be established unless it meets all of the following local
standards:
a. No salvage yard shall be located closer than 1000 feet of an existing
residence.
b. No salvage yard shall be located within 1000 feet of any existing public or
private school, or land owned by the Berkeley County Board of Education,
or a Public or private playground, park or recreation area, or church.
c. No salvage yard shall be located within 200 feet from any year-round
stream, run, river, pond, or other water body. In addition, salvage yards
are prohibited within a Flood Prone Area as determined by the Flood
Study prepared for Berkeley County dated November 14, 1986, or the
Flood Hazard Boundary Maps dated December 16, 1977.
d. All salvage yards should have direct access to a State highway. Access
through a private road may be considered if the applicant provides written
evidence that the following criteria is met:
1.
All private road rights-of-way shall be at least 40 feet in width and
said roads shall meet the minimum road standards as required by
the Berkeley County Subdivision Regulations. Greater right-of-way
widths may be required by the County Engineer; and
2.
All private road rights-of-way shall be an exclusive right-of-way; or
3.
All parties of interest in a non-exclusive right-of-way shall consent
to the use of the private road for the purposes of a salvage yard.
e. No salvage yard shall be located closer than 100 feet from a property line.
Section 1204.2
Site Design Standards
In establishing a salvage yard, all of the following requirements and standards
must be met:
a. Setbacks
1.
All salvage yard areas shall be set back a minimum of 1000 feet
from a State road right-of-way and 1000 feet from a private road
right-of-way. Where greater setbacks are required by State or
Federal Law, the more restrictive shall apply.
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2.
All salvage material shall be stored no closer than 20 feet from the
perimeter fence or screening to allow access for emergency and
fire fighting equipment.
3.
Any structure or facility intended for the burning, incineration, or
crushing of salvage material shall be no closer than 100 feet from
and within any fence boundary.
b. Fencing and Screening
1.
All outdoor storage of salvage material shall be conducted entirely
within an enclosed fence or wall, the minimum height of which will
be 10 feet (i.e., 120 inches). Such areas that the fence will be
abutting a State road, open field, or any open spaces, a vegetative
screen of coniferous trees shall be planted along the exterior
perimeter of the fence or wall. All driveways through the fence shall
be similarly screened. Such fence or wall shall be constructed on
the front, sides and rear of the storage area, in accordance with the
setbacks above, and shall be constructed in such a manner that no
salvage material is visible from an adjacent property, or private or
State road within 1000 feet. Said fencing and screening shall be
installed prior to storage of salvage material.
2.
The construction of fences or screening shall be uniform and no
patchwork type of construction shall be permitted.
3.
The cost of construction of fencing and screening shall be bonded,
also see Section 1202.2 Definitions, No. 4 Construction Bond.
c. Parking
One off-street parking space shall be provided for each employee. In
addition, two spaces per acre of salvage yard area shall be provided for
patrons up to a total of 12 spaces. Additional parking spaces may be
required by the Planning Commission, depending on the total acreage of
the salvage yard.
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d. Size
Minimum size for a salvage yard is 25 acres, based upon restrictions
within this Ordinance.
Additional site design standards may be required by the Berkeley County
Planning Commission at the recommendation of the Planning Commission staff
or the County Engineer pursuant to the purposes of this ordinance (Section
1201.2 Purpose).
Section 1204.3
Operating Requirements
All salvage yards located within the unincorporated portions of Berkeley County
and subject to this ordinance shall comply with the following requirements:
a. The storage of salvage material outside the perimeter fence or within the
setbacks required by the State of West Virginia, and this ordinance
whether temporary or permanent shall be prohibited.
b. All fencing and screening shall be maintained in a manner acceptable to
the Land Development Coordinator, and all plant material used for
screening shall be maintained in a live and healthy condition.
c. All salvage materials shall be stored in such a manner as to prevent the
breeding or harboring of rats, insects or other vermin. Where necessary,
this shall be accomplished by enclosure in containers, raising material
above the ground, separation of types of material, preventing the
collection of stagnant water, extermination procedures, or other means.
d. All storm water shall be controlled on site so as to prevent standing water
and to minimize any adverse effect on adjoining property.
e. No salvage material shall be allowed to rest upon or protrude over any
public street or become scattered or blown off the premises.
f. Salvage shall be stored so as to permit easy access to all salvage for fire
fighting purposes, including a 20 foot buffer area around the perimeter of
the salvage yard. Access lanes at least 20 feet in width shall be provided
between every second row of vehicles.
g. No salvage or other material shall be burned on the premises unless in a
structure or facility approved by the local fire service, and if applicable,
any other agency having jurisdiction.
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h. The storage of electrical transformers, whether temporary or permanent,
shall be prohibited.
i.
The storage of materials classified as hazardous waste by the state of
West Virginia or the Federal Government shall be prohibited.
j.
Gasoline, oil, anti-freeze and all other fluids shall be removed from any
scrapped engines, vehicles or machinery prior to storage on the premises.
All fluids removed shall be properly disposed of off the premises, as per
EPA specification.
k. No combustible materials of any kind, other than those necessary for the
salvage yard or products of processing salvage material shall be kept on
the premises, nor shall the premises be allowed to become a fire hazard.
l.
No space not included in the permit approved by the Planning
Commission shall be used for the storage of salvage material.
m. The Land User Coordinator or any other representative of the County
Planning Commission shall have the right to inspect the premises of any
salvage yard, either announced or unannounced, during regular business
hours of the salvage yard, for the purposes of enforcing this ordinance.
n. Salvage shall not be stacked to exceed the fence height.
o. It shall be the responsibility of the salvage yard owner/operator to educate
and provide each employee with a copy of the current Salvage Yard
Regulations.
Section 1205.
ADMINISTRATION, ENFORCEMENT, VIOLATIONS
Section 1205.1
Administration
This Ordinance shall be administered by an employee of Berkeley County
Commission to be known as the Land Use Coordinator. It shall also be the duty
of the Land Use Coordinator to function as enforcement officer as it becomes
necessary to initiate administrative or judicial remedies against Salvage Yard
Ordinance violators. The Land Use Coordinator shall be under the supervision of
the Planning Director and, where a Land Use Coordinator has not been
appointed by the Planning Commission, the Planning Director shall be designed
as Land Use Coordinator.
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Section 1205.2
Enforcement
Enforcement of this Ordinance shall be the responsibility of the Land Use
Coordinator, who shall make an initial interpretation that a violation has occurred.
The Land Use Coordinator shall prepare a written Violation Notice and Directive
to Cease and Desist and shall transmit such notice and directive by certified
mail, return receipt requested, to the person responsible for the violation. Failure
to comply with a Directive to Cease and Desist shall be cause for the Planning
Commission to declare the violation a common nuisance. Upon such declaration,
the Planning Commission shall instruct the Land Use Coordinator to request the
assistance of the County Prosecuting Attorney and/or other legal council and
a. Seek an injunction in the Circuit Court of Berkeley County to restrain the
responsible person from continuing the violation cited or seek an
injunction requiring removal of structures or land uses from the property
involved
Or
b. Proceed by criminal warrant or information against the person in violation;
or both “a” and “b".
Section 1205.3
Violations
It shall be unlawful for any person, whether as owner, lessee, principle, agent,
employee or otherwise, to violate or permit to be violated any provision of this
ordinance.
Section 1205.4
Penalty
Any person violating any provision of this Ordinance, whether as principle, agent
or employee, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine of not less than one hundred dollars nor more than one
thousand dollars in accordance with Chapter 17, Article 23, Section 9 of the code
of West Virginia. Each month, or portion of a month in which a violation of this
Ordinance is committed, continued or permitted, shall constitute a separate
offense.
Section 1206
VARIANCE, APPEAL, AMENDMENT, CONFLICT WITH
OTHER LAWS, VALIDITY
Section 1206.1
Variance
Any request for a variance from the provisions of this Ordinance shall be made in
written form and shall be submitted to the Planning Commission by the applicant.
A variance request shall clearly specify the nature of the variance being
requested and the reasons for the request.
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A variance request may be granted by the Planning Commission only when it is
determined that:
a. The request is not contrary to the public interest.
b. A literal enforcement of this Ordinance will result in unnecessary hardship.
c. The request is not the result of a self-imposed hardship.
d. The spirit of this ordinance will be observed and substantial justice done.
e. Shall not impose or harm neighboring properties or residences.
Section 1206.2
Appeal
An appeal regarding the administrative procedure exercised under the provisions
of this Ordinance shall be filed with the Berkeley County Commission.
All appeals shall specify the grounds thereof and shall be filed with the
appropriate governmental body within thirty (30) days after the date of the order,
decision or procedure complained of.
Section 1206.3
Amendment
By legislative procedure, the Berkeley County Commission may, from time to
time, amend, supplement or change the provisions of this Ordinance, with
approval by the Berkeley County Commission.
Section1206.4
Conflict With Other Laws
Where the provisions of this Ordinance impose greater restrictions than those of
any other ordinance or regulation, the provisions of this Ordinance shall be
controlling. Where the provisions of any statute, other ordinance or regulation
propose greater restrictions than this Ordinance, the provisions of such statute,
ordinance or regulation shall be controlling. This Ordinance shall not be
construed in any manner that is not consistent with the purposes and provisions
of state law governing the licensing and maintenance of salvage yards.
Section 1206.5
Validity
If any article, section, subsection, paragraph, clause or provision of this
Ordinance shall be declared by court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of this Ordinance as a whole or any other
part thereof.
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ATTACHMENT “A”
METHOD OF MEASUREMENT
TO DETERMINE AMOUNT OF SALVAGE
FORMULA
A x B x C x ½ = Quantity cu. yd.’s
Whereas:
A = max. Width in yards
B = max. Length in yards
C = max. Height (or depth) in yards
Separate collections of salvage located on the same site shall be
measured separately and the sum total of all collections will be the
amount used to determine the quantity of salvage at any given site.
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Appendix E
APPENDIX E
ORDINANCE TO LIMIT HEIGHT OF OBJECTS AND TO REGULATE
PLACEMENT OF CERTAIN STRUCTURES WITHIN SPECIFIC AREAS OF NOISE
LEVEL
AROUND EASTERN WEST VIRGINIA REGIONAL AIRPORT
REENACTMENT AND AMENDMENT OF BERKELEY COUNTY’S ORDINANCE
REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE
OF PROPERTY, IN THE VICINITY OF THE EASTERN WEST VIRGINIA
REGIONAL AIRPORT BY CREATING THE APPROPRIATE ZONES PROTECTION
AREAS AND ESTABLISHING THE BOUNDARIES THEREOF, PROVIDING FOR
CHANGES IN THE
RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS
USED HEREIN; REFERRING TO THE EASTERN WEST VIRGINIA REGIONAL
AIRPORT PROTECTION MAP WHICH IS INCORPORATED IN AND MADE A PART OF
THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD
OF APPEALS; AND IMPOSING PENALTIES.
This Ordinance is re-adopted and amended pursuant to the authority conferred by Chapter 8
Article 24 of the Code of West Virginia. It is hereby found that an obstruction has the potential
for endangering the lives and property of users of Eastern West Virginia Regional Airport, and
property or occupants of land in its vicinity; that an obstruction may affect existing and future
instrument approach minimums of Eastern West Virginia Regional Airport; and that an
obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of
aircraft, thus tending to destroy or impair the utility of Eastern West Virginia Regional Airport
and the public investment therein. It is further found that noise levels contemplated for future
aircraft have the potential of endangering the health, safety, peace and comfort of occupants of
land adjacent to the Eastern West Virginia Regional Airport, in areas specifically designated on
the Protection Map hereinabove referenced. Accordingly, it is declared:
(1)
that the creation or establishment of an obstruction has, the potential of being a public
nuisance and may injure the region served by Eastern West Virginia Regional Airport;
(2)
that it is necessary in the interest of the public health, public safety, and general welfare
that the creation or establishment of obstructions that are hazardous to air navigation be
prevented; and
(3)
that the prevention of these obstructions should be accomplished, to the extent legally
possible;
(4)
that the building and/or maintenance of residential and other noise sensitive uses within
the 75 decibel and above noise level areas designated on the Protection Map incorporated
herein shall be considered a public nuisance, potentially harmful to occupants thereof and
to the continued effective use of the airport property these regulations are intended to
protect; and
(5)
that the future building of residential and other noise sensitive uses in the noise level
areas designated between 65 and 75 decibels is required to include noise mitigation as
specifically set forth and recommended in current Federal Aviation Administration
regulations.
It is further declared that the prevention of the creation or establishment of hazards to air
navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or
marking and lighting of obstructions are public purposes for which a political subdivision may
raise and expend public funds and acquire land or interests in land.
IT IS HEREBY ORDAINED BY THE COUNTY COMMISSION OF BERKELEY COUNTY,
WEST VIRGINIA, AS FOLLOWS:
SECTION I: SHORT TITLE
This Ordinance shall be known and may be cited as Eastern West Virginia Regional Airport
Approach Protection Ordinance.
SECTION II: DEFINITIONS
As used in this Ordinance, unless the context otherwise requires:
1.
AIRPORT — Means Eastern West Virginia Regional Airport.
2.
AIRPORT ELEVATION — 557 feet above mean sea level.
3.
APPROACH SURFACE — A surface longitudinally centered on the extended runway
centerline, extending outward and upward from the end of the primary surface and at the
same slope as the approach zone height limitation slope set forth in Section IV of this
Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of
the approach zone.
4.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES These zones are set forth In Section III of this Ordinance.
5.
BOARD OF APPEALS — A board consisting of 5 members appointed by the Berkeley
County Commission as provided in Chapter 8, Article 24 of the West Virginia Code.
6,
CONICAL SURFACE — A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
7.
HAZARD TO AIR NAVIGATION — An obstruction determined to have an adverse
effect on the, safe and efficient utilization of the navigable airspace.
8.
HEIGHT — For the purpose of determining the height limits in, all zones set forth in
this Ordinance and shown on the zoning map, the datum shall be mean sea level
elevation unless otherwise specified.:
9.
HORIZONTAL SURFACE — A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
10.
LARGER THAN UTILITY RUNWAY — A runway that is constructed for and intended
to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross
weight and Jet powered aircraft. ,
11.
NONCONFORMING USE — Any pre-existing structure, object of natural growth, or
use of land which is in existence as of the effective date of this ordinance and is
consistent with the provisions of this Ordinance or any amendment thereto.
12.
NONPRECISION INSTRUMENT RUNWAY — A runway having an existing
instrument approach procedure utilizing air navigation facilities with only horizontal
guidance, or area type navigation equipment, for which a straight—in nonprecision
instrument approach procedure has been approved or planned.
13.
OBSTRUCTION — Any structure, growth, or other object, including a mobile object,
which exceeds a limiting height set forth in Section IV of this Ordinance.
14.
PERSON — An individual, firm, partnership, public or private corporation, company,
association, joint stock association or government entity; includes a trustee, a receiver, an
assignee, or a similar representative of any of them.
15.
PRECISION INSTRUMENT RUNWAY — A runway having an existing instrument
approach procedure utilizing an Instrument Landing System (ILS) or a Precision
Approach Radar (PAR). It also means a runway for which a precision approach system is
planned and is so indicated on an approved airport layout plan or any other planning
document.
16.
PRIMARY SURFACE — A surface longitudinally centered on a, runway. When the
runway has a specially prepared hard surface, the primary surface extends 200 feet
beyond each end of that runway; for military runways or when the runway has no
specially prepared hard surface, or planned hard surface, the primary surface ends at each
end of that runway. The width of the primary surface is set forth in Section III of this
Ordinance. The elevation of any point on the primary surface is the same as’ the elevation
of the nearest point on the runway centerline.
17.,
RUNWAY — A defined area on an airport prepared for landing and takeoff of aircraft
along its length.
18.
STRUCTURE —An object, including a mobile object, constructed or installed by, man,
including but not limited to buildings, towers, cranes, smokestacks, earth formation, and
overhead transmission lines.
19.
TRANSITIONAL SURFACES — These surfaces extend outward at 90 degree angles to
the runway centerline and the runway centerline extended at a slope of seven (7) feet
horizontally for each foot vertically from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical surfaces. Transitional surfaces for those
portions of the precision approach surfaces, which project through and beyond the limits
of the conical surface, extend a distance of 5,000 feet measured horizontally from the
edge of the approach surface and at 70 degree angles to the extended runway centerline.
20.
TREE - Any woody perennial plant.
2’l.
UTILITY RUNWAY — A runway that is constructed for and intended to be used by
propel1er driven aircraft of 12, 500 pounds maximum gross weight and less
22.
VISUAL RUNWAY — A runway intended solely for the operation of aircraft using
visual approach procedures.
23.
NOISE LEVEL AREAS – Areas within the footprint of the airport runways in which the
level of noise currently created and expected to be created by future aircraft uses exceeds
safe decibel levels, specifically, levels of 65 decibels and above.
SECTION III: AIRPORT ZONES
In order to carry out the provisions of this Ordinance, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Eastern West Virginia
Regional Airport. Such zones are shown on Eastern West Virginia Regional Airport Protection
Map consisting of one sheet, dated May 4, 2004, which is attached to this Ordinance and made
a part hereof. An area located in more than one of the following zones is considered to be only in
the zone with the more restrictive height limitation. The various zones are hereby established and
defined as follows; 1.
Utility Runway Visual Approach Zone — The inner edge of this approach zone coincides
with the width of the primary surface and is 250 feet wide. The approach zone expands
outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the
primary surface. Its centerline is the continuation of the centerline of the runway.
2.
Utility Runway Nonprecision Instrument Approach Zone — The inner edge of this
approach zone coincides with the width of the primary surface and is 500 feet wide. The
approach zone expands outward uniformly to a width of 2,000 feet at a horizontal
distance 5,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
3.
Runway Larger Than Utility Visual Approach Zone — The inner edge of this approach
zone coincides with the width of the primary surface and is 500 feet wide. The approach
zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000
feet from the primary surface. Its centerline is the continuation of the centerline of the
runway.
4,
Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile
Nonprecision Instrument Approach Zone — The inner edge of this approach zone
coincides with the width of the primary surface and is 500 feet wide. The approach zone
expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet
from the primary surface. Its centerline is the continuation of the centerline of the
runway.
5.
Runway Larger Than Utility With A Visibility Minimum As Low As ¾ Mile
Nonprecision Instrument Approach Zone – The inner edge of this approach zone
coincides with the width of the primary surface and is 1,000 feet wide. The approach
zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of
50,000 feet from the primary surface. Its centerline is the continuation of the centerline
of the runway.
6.
Precision Instrument Runway Approach Zone — The inner edge of this -approach zone
coincides with the width of the primary surface and is 1,000 feet wide. The approach
zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of
50,000 feet from the primary surface. Its centerline is the continuation of the centerline of
the runway.
7.
Transitional Zones — The transitional zones are the areas beneath the transitional
surfaces.
8.
Horizontal Zone – The horizontal zone is established by swinging arcs of 5,000 feet radii
for all runways designated utility or visual and 10,000 feet for all others from the center
of each end of the primary surface of each runway and connecting the adjacent arcs by
drawing lines tangent to those arcs. The horizontal zone does not include the approach
and transitional zones.
9.
Conical Zone — The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward therefrom a horizontal distance of
4,000 feet.
10.
Runway Protection Zone – Such zones are a trapezoidal area off the end of the runway
end that serves to enhance the protection of people and property on the ground in the
event an aircraft lands or crashes beyond the runway end. Runway Protection Zones
underlie a portion of the approach closest to the airport.
SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any zone created by this Ordinance to a
height in excess of the applicable height herein established for such zone. Such applicable height
limitations are hereby established for each of the zones in question as follows:
1.
Utility Runway Visual Approach Zone — Slopes twenty (20) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 5, 000 feet along the extended runway centerline.
2.
Utility Runway Nonprecision Instrument Approach Zone — Slopes twenty (20) feet
outward for each foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet along the extended
runway centerline.
3.
Runway Larger Than Uti1ity Visual Approach Zone — Slopes twenty (20) feet outward
for each foot upward beginning at the end of and at the same elevation as the primary
surface and extending to: a horizontal distance of 5,000 feet along the extended runway
centerline.
4.
Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile
Nonprecision Instrument Approach Zone — Slopes thirty-four (34) feet outward for each
foot upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10, 000 feet along the extended runway centerline.
5.
Runway Larger Than Utility With A Visibility Minimum As Low As 3/4 Mile
Nonprecision Instrument Approach Zone — Slopes thirty-four (34) feet outward for each
foot upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the extended runway centerline.
6.
Precision Instrument Runway Approach Zone — Slopes fifty (50) feet outward for each
foot upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the extended runway centerline;
thence slopes upward, forty (40) feet horizontally for each foot vertically to an additional
horizontal distance of 40,000 feet along the extended runway centerline.
7.
Transitional Zones — Slope seven (7) feet outward for each foot upward beginning at the
sides of and at the same elevation as the primary surface and the approach surface,
and extending to a height of 150 feet above the airport elevation which is 557 feet above
mean sea level. In addition to the foregoing, there are established height limits sloping
seven (7) feet outward for each foot upward beginning at the sides of and the same
elevation as the approach surface, and extending to where they intersect the conical
surface. Where the precision instrument runway approach zone projects beyond the
conical zone, there are established height limits sloping seven (7) feet outward for each
foot upward beginning at the sides of and the same elevation as the approach surface, and
extending a horizontal distance of 5,000 feet measured at 90 degree angles to the
extended runway center line
8.
Horizontal Zone — Established at 150 feet above the airport elevation or at a height of
250 feet above mean sea level.
9.
Conical Zone — Slopes twenty (20) feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the airport elevation and
extending to a height of 350 feet above the airport elevation.
SECTION V: USE RESTRICTION
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water
within any zone established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights and others, result in glare in the
eyes of the pilots using the airport, impair visibility in the vicinity of the airport, create bird
strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or
maneuvering of aircraft intending to use the airport.
SECTION VI: NONCONFORMING USES
1.
Regulations Not Retroactive — The regulations prescribed in this Ordinance shall not be
construed to require the removal, lowering, or other change or alteration of any structure
or tree not conforming to the regulations at the effective date of this Ordinance, or
otherwise interfere with the continuance of a nonconforming use. Nothing contained
herein shall require any change in the construction, alteration, or intended use of any
structure, the construction or alteration of which was begun prior to the effective date of
this Ordinance, and is actively proceeding to completion. Provided, however, That
nothing herein shall be construed so as to permit nonconforming uses such as residences
and places of public assembly (Churches, schools, hospitals, office buildings, shopping
centers, and other uses with similar concentrations of persons typify places of public
assembly.) to remain within the Runway Protection Zones or in the areas of 75 decibel
noise level and above established herein or to be constructed within such Zones and noise
level areas if such construction was commenced prior to the effective date of this
Reenacted and Amended Ordinance.
2.
Marking and Lighting — Notwithstanding the preceding provision of this Section, the
owner of any existing nonconforming structure or tree is hereby required to permit the
installation, operation, and maintenance thereon of such markers and lights as shall be
deemed necessary by the Planning Commission or its designee to indicate to the
operators of aircraft in the vicinity of the airport the presence of such airport obstruction.
Such markers and lights shall be installed, operated, and maintained at the expense of the
Eastern West Virginia Regional Airport Authority.
3.
Mandatory Disclosures ---All sellers of real property situate in Berkeley County,
including owners of such property and real estate agents assisting in the sale of such
property, which property is located so as to be affected by the provisions of this
Ordinance, are hereby required to disclose, in writing, to potential purchasers of such
property the applicable restrictions on the use of such property and the noise mitigation
requirements which obtain pursuant to this Ordinance.
SECTION VII: PERMITS
1.
Future Uses — Except as specifically provided in a, b and c hereunder, no material
change shall be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any zone hereby created unless a permit
therefor shall have been applied for and granted. Each application for a permit shall
indicate the purpose for which the permit is desired, with sufficient data to determine
whether the resulting use, structure, or tree would conform to the regulations, herein
prescribed. If such determination is in the affirmative, the permit shall be granted. No
permit for use inconsistent with the provisions of this ordinance shall be granted unless a
variance has been approved in accordance with Section VII, Article 4.
a.
In the area lying within the limits of the horizontal zone and conical zone, no
permit shall be required for any tree or structure less than seventy-five feet of vertical
height above the ground, except when, because of terrain, land contour, or topographic
features, such tree or structure would extend above the height limits prescribed for such
zones.
b.
In areas lying within, the limits of the approach zones but at a horizontal distance
of not less than 4,200 feet from each end of the runway, as the same exist or are
contemplated at the time of re-adoption and reenactment of this ordinance, all as shown
on the Protection map incorporated herein, no permit shall be required for any tree or
structure less than seventy—five feet of vertical height above the ground, except when
such tree or structure would extend above the height limit prescribed for such approach
zones.
c.
In the areas lying within the limits of the transition zones beyond the perimeter of
the horizontal zone, no permit shall be required for any tree or structure less than seventyfive feet of vertical height above the ground, except when such tree or structure, because
of terrain, land contour, or topographic features, would extend above the height limit
prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or
intending to permit any construction, or alteration of any structure, or growth of any tree in
excess of any of the height limits established by this Ordinance.
2.
Existing Uses — No permit shall be granted that would allow the establishment or
creation of an obstruction or permit a nonconforming use, structure, or tree to become a
greater hazard to air navigation, than it was on the effective date of this Ordinance or any
amendments thereto or than it is when the application for a permit is made. Except as
indicated, all applications for such a permit shall be granted.
3.
Nonconforming Uses Abandoned or Destroyed - If any nonconforming use of land shall
cease for any reason whatsoever through a period of 180 consecutive days, said
nonconforming use shall be deemed to have been abandoned and the applicable
regulations shall apply to the area in question. Whenever the Planning Director
determines that a nonconforming tree or structure has been abandoned or destroyed by
any means to an extent of more that 50 percent of its replacement cost at the time of
destruction, no permit shall be granted that would allow such structure or tree to exceed
the applicable height limit or otherwise deviate from these regulations.
4.
Variances - Any person desiring to erect or increase the height of any structure, or permit
the growth of any tree, or use property not in accordance with the regulations prescribed
in this Ordinance, may apply to the Board of Appeals for a variance from such
regulations. The application for variance shall be accompanied by a determination from
the Federal Aviation Administration as to the effect of the proposal on the operation of
air navigation facilities and the safe, efficient use of navigable airspace. Such variances
shall be allowed where it is duly found that a literal application or enforcement of the
regulations will result in unnecessary hardship and relief granted, will not be contrary to
the public interest, will not create a hazard to air navigation, and will be in accordance
with the intent of this Ordinance. Additionally, no application for variance to the
requirements of this Ordinance may be considered by the Board of Appeals unless a copy
of the application has been furnished to the Airport Manager for advice as to the
aeronautical effects of the variance. If the Airport Manager does not respond to the
application within 15 days after receipt, the Board of Appeals may act on its own to grant
or deny said application. .
5.
Obstruction Marking and Lighting — Any permit or variance granted may, if such action
is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure or tree in
question to install, operate, and maintain, at the owner’s expense such marking and lights
as may be necessary. If deemed proper by the Board of Appeals, this condition may be
modified to require the owner to permit the Eastern West Virginia Regional Airport
Authority, at its own expense, to install, operate, and maintain the necessary markings
and lights.
SECTION VIII: ENFORCEMENT
It shall be the duty of the Planning Commission or its designee to administer and enforce the
regulations prescribed herein. Applications for permits and variances shall be made to the
Planning Commission or its designee upon a form published for that purpose. Applications
required by this Ordinance to be submitted to the Planning Commission or its designee shall be
promptly considered and granted or denied. Application for action by the Board of Appeals shall
be forthwith transmitted by the Planning Commission..
SECTION IX: BOARD OF APPEALS
1.
There is hereby created a Board of Appeals to have and exercise the following powers:
(1) to expeditiously hear and decide appeals from any order, requirement, decision, or
determination made by the Planning Commission or its designee in the enforcement of
this Ordinance; (2) to expeditiously hear and decide special exceptions to the terms of
this Ordinance upon which such Board of Appeals under such regulations may be
required to pass; and (3) to expeditiously hear and decide specific variances.
2.
The Board of Appeals shall consist of five members appointed by the Berkeley County
Commission and each shall serve for a term of three years until a successor is duly
appointed and qualified. Of the members first appointed, one shall be appointed for a
term of one year, one for a term of two years, and one for a term of three years.
3.
The Board of Appeals shall adopt rules for its governance and in harmony with the
provisions of this Ordinance and Chapters 8, Article 24 of the West Virginia Code.
Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such
other times as the Board of Appeals may determine. The Chairperson or, in the absence
of the Chairperson, the Acting Chairperson may administer oaths and compel the
attendance of witnesses. All hearings of the Board of Appeals shall be public. The Board
of Appeals shall keep minutes of its proceedings showing the vote of each member upon
each question; or if absent or failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall immediately be filed in
the office of the Planning Commission.
4.
The Board of Appeals shall make written findings of facts and conclusions of law giving
the facts upon which it acted and its legal conclusions from such facts in reversing,
affirming, or modifying any order, requirement, decision, or determination which comes
before it under the provisions of this Ordinance.
5.
The concurring vote of a majority of the members of the Board of Appeals shall be
sufficient to reverse any order, requirement, decision, or determination of the Planning
Commission or its designee or decide in favor of the applicant on any matter upon which
it is required to pass under this Ordinance, or to effect variation to this Ordinance.
SECTION X: APPEALS
1.
Any person aggrieved by any decision of the Planning Commission or its designee, made
in the administration of this Ordinance, may appeal to the Board of Appeals.
2.
All appeals hereunder must be taken within 30 days of the date of the decision appealed
from and as provided by the rules of the Board of Appeals, by filing with the Planning
Commission or its designee a notice of appeal specifying the grounds thereof. The
Planning Commission or its designee shall forthwith transmit to the Board of Appeals all
the papers constituting the record upon which the action appealed from was taken.
3.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the
Planning Commission or its designee certifies to the Board of Appeals, after the notice of
appeal has been filed with it, that by reason of the facts stated in the certificate a stay
would in the opinion of the Planning Commission or its designee cause imminent peril to
life or property. In such case, proceedings shall not be stayed except by restraining order
of the Berkeley County Circuit Court on notice to the Planning Commission.
4.
Publication of Notice — The Planning Commission or its designee shall publish once at
the expense of the applicant, a notice of the public hearing. This notice shall be published
in a paper of general circulation in the city or county, not less than thirty days prior to the
date set for the hearing. The notice shall include the application number and the date,
time and place of the hearing, summary of the variance or appeal, and the location of the
property, its area, and name of the owner.
5.
The Board of Appeals may, in conformity with the provisions of this Ordinance, reverse
or affirm, in whole or in part, or modify the order, requirement, decision, or
determination appealed from and may make such order, requirement, decision, or
determination as may be appropriate under the circumstances and forthwith notify the
appellant of its decision in writing including the reasons therefore.
SECTION XI: JUDICIAL REVIEW
Any person aggrieved by any decision of the Board of Appeals may appeal to the Circuit Court
as provided in Article 24 of Chapter 8 of the Code of West Virginia.
SECTION XII: PENALTIES
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Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder
shall constitute a misdemeanor and be punishable by a fine of not less than $500.00 nor more
than $1,000.00; and each day a violation continues to exist shall constitute a separate offense.
SECTION XIII: CONFLICTING REGULATIONS
Where there exists a conflict between any of the regulations or limitations prescribed in this
Ordinance and any other regulations applicable to the same area, whether the conflict be with
respect to the height of structures or trees, and the use of land, or any other matter, the more
stringent limitation or requirement shall govern and prevail.
SECTION XIV: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to any person or
circumstances are held invalid, such invalidity shall not affect other provisions or applications of
the Ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are declared to be severable.
SECTION XV: EFFECTIVE DATE
The effective date of this reenactment and amendment shall be upon the adoption of the same by
the Berkeley County Commission.
Re-adopted as amended this the 2d day of September, 2004
_________________________________
Steven C. Teufel, President
_________________________________
John E. Wright, Commissioner
_________________________________
Howard L. Strauss, Commissioner
Appendix F
APPENDIX F
BERKELEY COUNTY FLOOD PLAIN ORDINANCE
AN ORDINANCE ESTABLISHING A FLOOD PLAIN AREA AND REQUIRING
ALL PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO
OBTAIN A PERMIT FOR DEVELOPMENT AND THE CONSTRUCTION,
SUBSTANTIAL IMPROVEMENT OR RELOCATION OF ANY BUILDING OR
STRUCTURE; PROVIDING FOR CERTAIN MINIMUM STANDARDS FOR
CONSTRUCTION WITHIN THE FLOOD PLAIN AREA AND SETTING FORTH
SPECIAL PROCEDURES FOR SUBMISSION AND APPROVAL OF PLAN; AND
ESTABLISHING PENALTIES FOR ANY PERSON WHO FAILS TO COMPLY WITH
THE REQUIREMENTS OR PROVISION OF THIS ORDINANCE.
BE IT ENACTED AND ORDAINED by the Berkeley County Commission, as follows:
ARTICLE I - GENERAL PROVISIONS
Section 1.1 Intent
The intent of this Ordinance is to:
A. Promote the general health, welfare, and safety of the community.
B. Encourage the utilization of appropriate construction practices in order to prevent or
minimize flood damage in the future.
C. Minimize danger to public health and safety by protecting water supply, sanitary
sewage disposal, and natural drainage.
D. Reduce financial burdens imposed on the community, its governmental units and its
residents, by preventing the unwise design and construction of development in areas
subject to flooding.
Section 1.2 Abrogation and Greater Restrictions
This Ordinance supersedes any ordinances currently in effect in flood prone areas.
However, any ordinance shall remain in full force and effect to the extent that its
provisions are more restrictive.
Section 1.3 Applicability
It shall be unlawful for any person, partnership, business, or corporation to undertake or
cause to be undertaken, any development or the new construction, substantial
improvement, the placement or relocation of any structure (including manufactured
homes) within the Flood Plain Area, unless a permit has been obtained from the Permit
Officer. In addition, where land is to be subdivided, utilized for a manufactured home
park or subdivision or otherwise developed, a Preliminary Plat must be submitted to, and
approved by, the Berkeley County Planning Commission prior to any development.
Provisions of all other codes, ordinances, and regulations shall be applicable insofar as
they are consistent with the revisions of this Ordinance and the community’s need to
minimize the hazards and damage resulting from flooding.
ARTICLE II - DEFINITIONS
Base Flood
The flood which has been selected to serve as the basis upon which the flood plain
management provisions of this and other ordinances have been prepared; for purposes of
this Ordinance, the one-hundred (100) year flood.
Basement
Any area of the building having its floor subgrade (below ground level) on all sides.
Development
Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
Existing Manufactured Home Park or Subdivision
A manufactured home park or subdivision for which the construction of facilities for
servicing the lot on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before AUGUST 4, 1988.
Expansion To An Existing Manufactured Home Park or Subdivision
The preparation of additional sites by the construction of facilities for servicing the lot on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Flood
A general and temporary inundation of normally dry land areas.
Flood Plain
(1) a relatively flat or low land area adjoining a river, stream, or watercourse which is
subject to partial or complete inundation; (2) an area subject to the unusual and rapid
accumulation or runoff of surface waters from any source.
Floodway
The channel of a river or other watercourse and the adjacent land area that must be
reserved to discharge the base flood without increasing the water surface elevation of that
flood more than one foot at any point.
Flood proofing
Any combination of structural and non-structural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents.
Historic Structure
Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c ) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or,
(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by Secretary of the Interior; or,
(2) Directly by the Secretary of the Interior in states without approved programs.
Lowest Floor
The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access or storage
in an area other than a basement area is not considered a building’s lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this ordinance.
Manufactured Home
A structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected to the
required utilities. The term "manufactured home" does not include a "recreational
vehicle".
Manufactured Home Park or Subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home
lots for rent or sale.
New Construction
Structures for which the Start of Construction as herein defined commenced on or after
August 4, 1988 and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision
A manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after August 4, 1988.
One-Hundred (100) Year Flood
A flood that has one chance in one-hundred or a one percent chance of being equaled or
exceeded in any given year.
Person
Any individual or group of individuals, corporation, partnership, association or other
entity, including State and local governments and agencies.
Principally Above Ground
Where at least 51 percent of the actual cash value of a structure, less land value, is above
ground.
Recreational Vehicle
A vehicle which is:
(a) built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c ) designed to be self-propelled or permanently towable by a light duty truck;
(d) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
Start of Construction
For other than new construction or substantial improvements under the Coastal Barrier
Resources Act, Pub Law 97-348, includes substantial improvements, and means the date
the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filing; nor
does it include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor or other structural part of a building whether or not that alteration affects the
external dimensions of the building.
Structure
A walled and roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home.
Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before damaged condition would equal or exceed 50 percent of the market value of
the structure before the damage occurred.
Substantial Improvement
Any repair, reconstruction, rehabilitation, addition or other improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure before
the Start of Construction of the improvement. This term includes structures which have
incurred "substantial damage", as defined herein, regardless of the actual repair work
performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violation of state or
local health, sanitary or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions, or;
(2) Any alteration of a "historic structure", provided that the alteration will not preclude
the structure’s continued designation as a "historic structure."
ARTICLE III - ESTABLISHMENT OF THE FLOOD PLAIN AREA
Section 3.1 Identification
The identified floodplain area shall be those areas of Berkeley County, which are subject
to the one-hundred (100) year flood, as shown on the Floodway map or Flood Insurance
Rate Map (FIRM) and described in the Flood Insurance Study (FIS) prepared for the
Berkeley County Planning Commission by the Federal Emergency Management Agency
(FEMA) dated August 4, 1988, or the most recent revision thereof.
Section 3.2 Description of Floodplain Areas
The identified floodplain area shall consist of the following three specific areas:
a. The Floodway area shall be those areas identified as such in the FIS and as shown on
the Floodway map or FIRM. The term shall also include floodway areas identified in
other studies for the approximated area discussed in section c. below.
b. The Floodway Fringe area shall be those areas for which specific one hundred (100)
year flood elevations have been provided in the FIS but which lie beyond the Floodway
area. These areas are shown on the Floodway map or FIRM.
c. The Approximated area shall be those areas identified as an A Zone on the Floodway
map or FIRM included in the FIS prepared by FEMA and for which no one hundred
(100) year flood elevations have been provided. For these areas, elevation and floodway
information from other Federal, State or other acceptable source shall be used when
available. Where other acceptable information is not available, the elevation shall be
determined by using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. The Berkeley County Planning Commission
may require the applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Berkeley County Planning Commission.
d. The Special Flood Plain Area shall be those areas identified in the FIS and as shown on
the FIRM where one hundred (100) year flood elevations have been provided but no
floodway has been delineated.
Section 3.3 Changes in Designation of Area
The delineation of the identified flood plain area may be revised by the Berkeley County
Commission where natural or man-made changes have occurred and/or more detailed
studies conducted or undertaken by the U.S. Army Corps of Engineers, the Potomac
River Basin Commission or other qualified agency or individual document the necessity
for such changes. However, prior to any such change, approval must be obtained from the
Federal Insurance Administration (FIA).
Section 3.4 Boundary Disputes
Should a dispute concerning any district boundary arise, an initial determination shall be
made by the Permit Officer and any party aggrieved by this decision may appeal to the
Berkeley County Planning Commission. The burden of proof shall be on the appellant.
ARTICLE IV - UTILIZATION OF THE FLOODPLAIN AREA
1. In the Floodplain Area any development and/or use of land may be permitted provided
that all such uses, activities, and/or development shall be undertaken in strict compliance
with the flood proofing and related provisions contained herein and in all other applicable
codes, ordinances and regulations.
2. Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has been
demonstrated through hydrologic and hydraulic analysis performed in accordance with
standard engineering practice that the proposed encroachment will not result in any
increase in the Base Flood Elevation.
3. Whenever a developer intends to alter or relocate a watercourse within the Floodplain
Area, the developer shall notify in writing by certified mail all adjacent communities and
the State Coordinating Office of all such intended activities prior to any alteration or
relocation of the watercourse, and shall submit copies of such notification to the Federal
Insurance Administrator. The developer shall also assure the Berkeley County
Commission and Berkeley County Planning Commission in writing that the flood
carrying capacity within the altered or relocated portion of the watercourse in question
will be maintained.
4. Within any Special Flood Plain Areas no new construction or development shall be
allowed unless it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
elevation of the one hundred (100) year flood more than one (1) foot at any point.
ARTICLE V - CRITERIA FOR BUILDING AND PRELIMINARY PLAT
APPROVAL
Section 5.1 General
Building Permits are required in order to determine whether all new construction or
substantial improvements are:
1. Designed (or modified) and adequately anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
2. Constructed with materials and utility equipment resistant to flood damage.
3. Constructed by methods and practices that minimize flood damage.
4. Constructed with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
Section 5.2 Basic Format
The basic format of the Building Permit shall include the following:
1. Name and address of applicant.
2. Name and address of owner of land on which proposed construction is to occur.
3. Name and address of contractor.
4. Site location.
5. Brief description of proposed work and estimated cost.
6. A plan of the site showing the exact size and location of the proposed construction as
well as any existing buildings or structures.
Section 5.3 Elevation of Flood proofing Information
Depending on the type of structure involved, the following information shall also be
included in the application for work within the Flood Plain Area:
A. For structures to be elevated to the Base Flood Elevation:
1. A plan showing the size of the proposed structure and its relation to the lot where it is
to be constructed.
2. A determination of elevations of the existing ground, proposed finished ground and
lowest floor, certified by a Registered Professional Engineer, Surveyor or Architect.
3. Plans showing the method of elevating the proposed structure, includes details of
proposed fills, pile structures, retaining walls, foundations, erosion protection measures,
etc. When required by the Permit Officer, these plans shall be prepared by a Registered
Professional Engineer or Architect.
4. Plans showing the methods used to protect utilities (including sewer, water, telephone,
electric, gas, etc.) from flooding to the Base Flood Elevation at the building site.
B. For structures to be flood proofed to the Base Flood Elevation (nonresidential
structures only):
1. Plans showing details of all flood proofing measures, prepared by a Registered
Professional Engineer or Architect, and showing the size of the proposed structure and its
relation to the lot where it is to be constructed.
2. A determination of elevations of existing ground, proposed finished ground, lowest
floor, and flood proofing limits; certified by a Registered Professional Engineer,
Surveyor, or Architect.
3. A certificate prepared by the registered Professional Engineer or Architect who
prepared the plans in 1.) above, that the structure in question, together with attendant
utility and sanitary facilities is designed so that;
a. Below the Base Flood Elevation the structure is water tight with walls substantially
impermeable to the passage of water.
b. The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact, and other
forces resulting from the flood depths, velocities, pressures, and other factors associated
with the Base Flood.
Section 5.4 Preliminary Plat (Site Plan) Criteria
The owner or developer of any proposed subdivision, manufactured home park or
subdivision or other development shall submit a preliminary plat (site plan) to the Permit
Office which includes the following information:
1. Name of engineer, surveyor, or other qualified person responsible for providing the
information required in this section.
2. A map showing the location of the proposed subdivision and/or development with
respect to the county’s flood plain areas, proposed lots and sites, fills, flood or erosion
protective facilities and areas subject to special deed restriction. In addition, it is required
that all subdivision proposals and other proposed new developments greater than 50 lots
or five (5) acres, whichever is the lesser, shall include base flood elevation data.
3. Where the subdivision and/or development lies partially or completely in the flood
plain areas, the preliminary plat (plan map) shall include detailed information giving the
location and elevation of proposed roads, public utilities and building sites. All such plats
(maps) shall also show contours at intervals of two (2) or five (5) feet depending upon the
slope of the land and identify accurately the boundaries of the flood plain areas.
ARTICLE VI - SPECIFIC REQUIREMENTS
Section 6.1 Design and Construction Standards
In order to prevent excessive damage to buildings, structures and related utilities and
facilities, the following restrictions apply to all development, subdivision proposals,
manufactured home parks, new construction and to construction of substantial
improvements to existing structures occurring in the Flood Plain Area.
A. Basement and Lowest Floors
1. All new construction and substantial improvements of residential structures must have
the lowest floor (including basement) elevated to or above the Base Flood Elevation.
2. All new construction and substantial improvements of nonresidential structures must
have the lowest floor (including basement) elevated to or above the Base Flood
Elevation; or, together with attendant utility and sanitary facilities, be designed so that
below the Base Flood Elevation the structure is flood proofed in accordance with Section
5.3B.
3. For all new construction and substantial improvements, those fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of flood waters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria:
A. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
B. The bottom of all openings shall be no higher than one foot above grade.
C. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of flood waters.
B. Manufactured Home Placement
1. Manufactured homes to be placed or substantially improved within any floodplain are
on sites (a) outside of a manufactured home park or subdivision, (b) in a new
manufactured home park or subdivision, © ) in an expansion to an existing manufactured
home park or subdivision or (d) in an existing manufactured home park or subdivision in
which a manufactured home has incurred "substantial damage", as defined herein, as the
result of a flood shall;
A. Be elevated on a permanent foundation so that the lowest floor of the manufactured
home is elevated to or above the Base Flood Elevation and,
B. Be securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
2. Manufactured homes to be placed or substantially improved within any floodplain area
in an existing manufactured home park or subdivision and not subject to the provisions of
the paragraph above shall be elevated so that either:
A. The lowest floor of the manufactured home is at or above the Base Flood Elevation, or
B. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
C. Recreational Vehicle Placement
1. Recreational vehicles to be placed within any floodplain area shall either: (a) be on the
site for fewer than 180 consecutive days and (b) be fully licensed and ready for highway
use or meet the provisions of Section 6.1 B.1 of this Ordinance. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the site only
by quick disconnect utilities and security devices, and has no permanently attached
additions.
D. Fill
If fill is used to raise the finished surface of the lowest floor to the Base Flood Elevation:
1. Fill shall extend beyond a structure for a sufficient distance to provide acceptable
access. For residential structures, fill shall extend laterally fifteen (15) feet beyond the
building line form all points. For non-residential structures, fill shall be placed to provide
access acceptable for intended use. At-grade access, with fill extending laterally fifteen
(15) feet beyond the building line, shall be provided to a minimum of twenty-five (25)
percent of the perimeter of a non-residential structure.
2. Fill shall consist of soil or rock materials only. Sanitary land fills shall not be
permitted.
3. Fill materials shall be compacted to provide the necessary stability and resistance to
erosion, scouring, or settling.
4. Fill slopes shall be no steeper than one (1) vertical on two (2) horizontal, unless
substantiating data justifying steeper slopes are submitted to and approved by the Permit
Officer.
5. Fill shall be used only to the extent to which it does not adversely affect adjacent
properties.
E. Placement of Buildings
1. All buildings and structures shall be constructed and placed on the lot so as to offer the
minimum obstruction to the flow of water and shall be designed to have a minimum
obstruction effect upon the flow and height of flood water.
F. Anchoring
1. All buildings and structures shall be firmly anchored in accordance with accepted
engineering practices to prevent flotation, collapse, and lateral movement, thus reducing
the threat to life and property and decreasing the possibility of the blockage of bridge
openings and other restricted sections of the watercourse.
2. All air ducts, large pipes and storage tanks located at or below the Base Flood
Elevation shall be firmly anchored to resist flotation.
3. All manufactured homes shall be anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include but are not limited to the over-the-top and
frame ties to ground anchors such as the following:
a. Over-the-top ties shall be provided at each of the four corners of the manufactured
home, with two additional ties per side for manufactured homes less than 50 feet long.
b. Frame ties shall be provided at each corner of the home with five additional ties per
side at intermediate points, with manufactured home less than 50 feet long requiring four
additional ties per side.
c. All components of the anchoring system shall be capable of carrying a force of 4,800
pounds.
d. Any additions to a manufactured home shall be similarly anchored.
This requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces.
G. Storage
No material that are buoyant, flammable, explosive, or in times of flooding could be
injurious to human, animal or plant life, shall be stored below Base Flood Elevation.
H. Utility and Facility Requirements
1. All new or replacement water systems whether public or private, shall be designed to
minimize or eliminate infiltration of flood waters into the systems.
2. All new or replacement sanitary disposal systems, whether public or private, shall be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
3. All other new or replacement public and/or private utilities and facilities shall be
located and constructed to minimize or eliminate flood damage.
4. On site waste disposal systems be located to avoid impairment to them or
contamination form them during flooding.
I. Drainage
Adequate drainage shall be provided to reduce exposure to flood hazard.
ARTICLE VII - ADMINISTRATION
Section 7.1 Building Permits and Preliminary Plat (Site Plan) Approvals Required
It shall be unlawful for any person, partnership, business, or corporation to undertake or
cause to be undertaken, any development or the new construction, substantial
improvement, the placement or relocation of any structure (including manufactured
home) within the Flood Plain Area, unless a permit has been obtained from the Permit
Officer. In addition, where land is to be subdivided, utilized for a manufactured home
park or subdivision or otherwise developed, a preliminary plat (site plan) must be
submitted to, and approved by, the Berkeley County Planning Commission prior to any
development.
Section 7.2 Approval of Permits and Plans
All permits and plans shall be approved only after it has been determined that the
proposed work to be undertaken will be in conformance with the requirements of the
State and all other applicable codes and ordinances.
The Permit Officer shall require copies of all necessary permits form those governmental
agencies from which approval is required by Federal and State Law.
A record of all information supplied to the Permit Officer shall be kept on file at the
Office of the Permit Officer.
Section 7.3 Application Procedures
Application for building permit approval shall be made, in writing, to the Permit Officer,
and shall include all information stipulated under Article V of this Ordinance.
Application for preliminary plat (site plan) approval shall be made, in writing, to the
Berkeley County Planning Commission, and shall include all information stipulated
under Article V of this Ordinance.
Section 7.4 Changes
After the issuance of a building permit approval by the Permit Officer, no changes of any
kind shall be made to the application, permit, or any of the plans, specifications of other
documents submitted with the application without the written consent or approval of the
Permit Officer. After the approval of a preliminary plat (site plan) by the Planning
Commission, no changes of any kind shall be made to the application, or any of the plans,
specifications of other documents submitted with the application without the written
consent or approval of the Planning Commission.
Section 7.5 Placards
In addition to the building permit, the Permit Officer shall issue a placard which shall be
displayed on the premises during the time construction is in progress. This placard shall
show the number of the building permit, the date of it issuance and be signed by the
Permit Officer.
Section 7.6 Start of Construction
Work on the proposed construction shall begin within six (6) months after the date of
issuance of the building permit or the permit shall expire unless a time extension is
granted, in writing, by the Permit Officer.
Section 7.7 Inspection and Revocation
During the construction period, the Permit Officer or other authorized official may
inspect the premises to determine that the work is progressing in compliance with the
information provided on the permit application and with all applicable laws and
ordinances. In the event that the Permit Officer discovers that the work does not comply
with the permit application or any applicable laws and ordinances or that there has been a
false statement or misrepresentation by any applicant , the Permit Officer shall revoke the
building permit and report such fact to the Berkeley County Commission and the
Berkeley County Planning Commission for whatever action it considers necessary.
Section 7.8 Fees
Application for a building permit shall be accompanied by a Fee, payable to the Berkeley
County Commission, based upon the prevailing schedule of fees approved by the
Berkeley County Commission.
ARTICLE VIII- APPEALS AND PENALTIES
Section 8.1 Appeals
Whenever any person is aggrieved by a decision of the Permit Officer with respect to the
provision of this ordinance, it is the right of that person to appeal to the Berkeley County
Planning Commission which shall be known as the Appeals Authority. Such appeal must
be filed, in writing, within thirty (30) days after the determination by the Permit Officer.
Upon receipt of such appeal, the Appeals Authority shall set a time and place not less
than ten (10) nor more than thirty (30) days for the purpose of hearing the appeal. Notice
of the time and place of the hearing shall be given to all parties at which time they may
appear and be heard. The determination by the Appeals Authority shall be final in all
cases.
Section 8.2 Appeal and Review Criteria
All appeals contesting only the permit fee established by the Permit Officer may be
handled at the discretion of the Appeals Authority. All decisions on appeals to all other
provisions of this Ordinance shall adhere to the following criteria:
1. Affirmative decisions shall only be issued by the Appeals Authority upon (1) a
showing of good and sufficient cause (2) a determination that failure to grant the appeal
would result in exceptional hardship to the applicant, and (3) a determination that the
granting of an appeal will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or ordinance.
2. An affirmative decision shall be issued only upon determination that it is the minimum
necessary, considering the flood hazard, to afford relief.
3. An affirmative decision may not be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation will not
preclude the structure’s continued designation as a historic structure and the variance is
the minimum necessary to preserve the historic character and design of the structure.
4. The Appeals Authority shall notify the applicant in writing over the signature of a
community official that (1) the issuance of a decision to allow construction of a structure
below the Base Flood Elevation will result in increased premium rates for flood
insurance, (2) such construction below the Base Flood Elevation increases risk to life and
property. Such notifications shall be maintained with a record of all decisions as required
in paragraph (5) of this section; and
5. The Appeals Authority shall (1) maintain a record of all decisions including
justification for the issuance, and (2) report such decisions issued in its biennial report
submitted to the Federal Insurance Administration.
6. An affirmative decision shall not be granted for any construction, development, use or
activity within any floodway area that would cause any increase in the Base Flood
Elevation.
7. No variance shall be granted for any construction, development, use, or activity within
any Special Flood Plain Area that would, together with all other existing and anticipated
development, increase the one hundred (100) year flood elevation more than one (1) foot
at any point.
Section 8.3 Penalties
Any person who fails to comply with any or all of the requirements or provisions of this
ordinance or direction of the Permit Officer or any other authorized employee of the
community shall be guilty of an offense and, upon conviction, shall pay a fine of not less
than fifty dollars ($50.00) or more than five hundred dollars ($500.00) plus cost of
prosecution. In default of such payment such person shall be imprisoned in county prison
for a period not to exceed 10 days. Each day during which any violation of this
Ordinance continues shall constitute a separate offense. In addition to the above penalties
all other actions are hereby reserved including an action in equity for the proper
enforcement of this Ordinance. The imposition of a fine or penalty for any violation of, or
non-compliance with, this Ordinance shall not excuse the violation or non-compliance
with this Ordinance or permit it to continue; and all such persons shall be required to
correct or remedy such violations or non-compliances within a reasonable time. Any
structure constructed, reconstructed, enlarged, altered or relocated in non-compliance
with this Ordinance may be declared by the Berkeley County Commission to be a public
nuisance and abatable as such.
ARTICLE IX - SEVERABILITY AND COUNTY LIABILITY
Section 9.1 Severability
If any section, subsection, paragraph, sentence, clauses or phrase of this Ordinance shall
be declared invalid for any reason whatever, such decision shall not affect the remaining
portions of this Ordinance which shall Remain in full force and effect, and for this
purpose the provisions of this Ordinance are hereby declared to be severable.
Section 9.2 County Liability
The granting of a permit or approval of a subdivision or development plan in an
identified flood-prone area, shall not constitute a representation, guarantee, or warranty of
any kind by the Berkeley County Commission or by any official or employee thereof of
the practicability or safety of the proposed use, and shall create no liability upon the
Berkeley County Commission or by any official or employee thereof.
ARTICLE X. - ENACTMENT
This Ordinance approved and enacted this the 19 day of November, 1998. By the County
Commission of Berkeley County, West Virginia.
Passed on FIRST READING this the 19th day of November, 1998.
Passed on SECOND AND FINAL READING this the 19th day of November, 1998.
President OF THE Berkeley
___________________________County Commission
SIGNED: James C. Smith
President
ATTEST:
John Small, Jr.
Clerk of the County Court
Appendix G
BERKELEY COUNTY PLANNING DEPARTMENT
400 W. STEPHEN STREET, SUITE 203
MARTINSBURG, WV 25401
(304) 264-1923 OR FAX (304) 262-3127
Proposed Development Review Fee Schedule
Note: NCFS=No Current Fee Structure
Please note that the revised fee structure
Will take effect as of 2009 with the passing of the Subdivision
Regulations
REQUESTED
SERVICE
FEE
Subdivision
Regulations
$25.00
Comprehensive Plan
$35.00
Planning Commission
Tapes
$30.00
CD Copies
(S/D Regs, Comp.
Plan, other)
$5.00
Copies
$.50/ 1.00 color copies
Aerial Photos
$25.00
Aerial Photos Special
Orders
$35.00
Ortho photo Layer
$50.00
Public Hearing Fee
$110.00
Waiver
$160.00
Minor Subdivision
Review
$275.00 Base Fee and $75.00 per parcel
*Parcel includes lots, tracts, residues and
all affected property.
Plat of Right Of Way
or
Re-issuance of Plat
$125.00
Major Subdivision
Preliminary Plat
of S/D with 50 or
More Lots
$1,100.00-Base Fee
$200.00 Per Lot-Planning Review
$200.00 Per Lot for the 1st 49 lots, then
$150.00 Per Lot-Engineering Review
Subdivisions of
Less than 49 Lots
$600.00-Base Fee
$200.00 Per Lot-Planning Review
$200.00-Per Lot Engineering Review
*The fees established
for Major S/D’s
include the First
Three Reviews
There is an additional $1,000.00$500.00 payable to the Planning
Department and
$500.00 payable to the Engineering
Department
Review Fee for Each Review after the
Third Review
Preliminary Plat
Extensions
$600.00/Each Extension for S/D with
more than 50 Lots
$300.00/Each Extension for S/D with less
than 49 Lots
Major Subdivision
Final Plat 50 Lots or
More
$600.00 Payable to the Planning
Department- For S/D with 50 or More
Lots and
$300.00 Payable to the Engineering
Department
Major Subdivision
Final Plat 49 Lots or
Less
$300.00 For S/D with Less Than 49 Lots
Payable to the Planning Department
$150.00 For S/D with Less Than 49 Lots
payable to the Engineering Department
Final Plat Extension
$600.00/Each Extension for S/D with
more than 50 Lots
$300.00/Each Extension for S/D with less
than 49 Lots
Supplemental Plat
Approval-LDU
$300.00-Engineering Review Fee
$150.00-Planning Review Fee
Research Requests
$20.00 per request
Commercial Land
Development Unit
$500.00 Base Fee-Planning and $150.00
per acre or fraction thereof
Engineering Base Fee $500.00 and
$150.00 per acre or fraction thereof
Bond
Reductions/Releases
After first three reductions-$250.00
Engineering Review Fee
$100.00-Planning Fee
Public Hearing Sign
Inspection
$75.00 Per Public Hearing Sign
Inspection
Hydrogeologic/Karst
Submission Review
$750.00
Hydrogeologic/Karst
Field Check
$575.00
Hydrogeologic/Karst
Letter Report
$500.00